This property housed electroplating operations using nickel, chrome, copper, zinc, and tin, with chlorinated solvent releases under investigation by Wisconsin DNR since 1981. WDNR inspections in 1985 and 1987 confirmed on-site soils contaminated with nickel, chromium, and cyanide, and trichloroethylene (TCE) used in industrial degreasing has migrated deep into the bedrock aquifer, with volatile organic compounds detected at depths exceeding 190 feet. A municipal drinking water well approximately 500 feet downgradient was found to contain TCE, cis-1,2-dichloroethylene, vinyl chloride, and other VOCs — with vinyl chloride exceeding the maximum contaminant level — forcing the well offline in 1995 and its permanent abandonment in 2005. The site remains an active Wisconsin DNR Environmental Remediation Program case, with PFAS detected at actionable levels in groundwater in 2022, vapor intrusion exceedances confirmed at adjacent properties in 2024, and additional PFAS investigation across soil, groundwater, surface water, and sediment ordered for 2025–2026. 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.
Electroplating and solvent degreasing operations at this property were well established before 1986, with chlorinated solvent contamination under active state investigation as early as 1981 and documented soil contamination confirmed by the mid-1980s. The extensive work ahead — deep bedrock aquifer remediation, PFAS investigation across multiple environmental media, vapor intrusion mitigation at adjacent properties, and long-term groundwater monitoring — represents substantial future costs that those 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.