This property has a documented history as an industrial repair, welding, and fabrication shop, with a contamination profile consistent with decades of operations at the site. Phase 2.5/3 investigation has confirmed hexavalent chromium in groundwater at 300 times the Wisconsin DNR enforcement standard, along with chlorinated solvents (PCE), arsenic, PAHs, and PFAS compounds (PFOA and PFOS) also exceeding regulatory standards. Contamination extends into the public right-of-way, and the site remains an active Wisconsin DNR Environmental Remediation Program case with substantial investigation and remediation work ahead. 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.
The industrial repair, welding, and fabrication operations at this property were long-established before 1986, with a contaminant profile — metals, chlorinated solvents, and PAHs — consistent with decades of pre-1986 industrial activity. The ongoing groundwater investigation, remediation of widespread metals and solvent contamination, and restoration of affected public right-of-way areas represent future costs that pre-1986 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.