Metal plating operations began at this property in the late 1960s with zinc plating, expanding to hexavalent chromium plating by 1978. Vertical in-ground dip tanks leaked an estimated 20,000 to 60,000 gallons of plating solution during operations, releasing hexavalent chromium, chlorinated solvents (PCE, TCE), sodium cyanide solutions, and industrial degreasers into soil and groundwater. The site was listed on the National Priorities List in 1990, and as of 2021, hexavalent chromium in groundwater was measured at 7,100 ppb — more than 700 times the preventive action limit of 10 ppb — with PFAS compounds (PFOS, PFOA, PFHxS) also detected above maximum contaminant levels in 2023. Investigation and remediation continue under joint EPA and Wisconsin DNR Environmental Remediation Program oversight. That history could support an insurance coverage claim against the carriers who issued policies more than 40 years ago — coverage that could help fund the cleanup ahead.
Pre-1986 Commercial General Liability (CGL) policies were occurrence-based and did not contain an effective pollution exclusion in Wisconsin — and those policies may provide coverage that remains enforceable today. If contamination occurred while those policies were active, those historical insurance carriers may still have a legal obligation to fund the cleanup costs, even if the business closed or the property changed hands.
Metal plating operations at this property began in the late 1960s and continued through 1985, placing nearly two decades of contaminating industrial activity squarely in the pre-1986 window. The extensive groundwater remediation, ongoing monitoring, and PFAS investigation at this NPL-listed Superfund site represent substantial future costs that those historical carriers may be obligated to fund.
Restorical's role is to locate viable historical policies, determine whether a successful coverage claim is possible, and assist our clients and their legal counsel to obtain insurance coverage. Restorical then manages the claim, including accounting, to ensure the cleanup is funded in a timely manner.
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Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.