This property housed chrome plating operations well before 1986, with hexavalent chromium contamination discovered during a 2002 property transaction and attributed by Wisconsin DNR to historic site activities. Groundwater monitoring across multiple wells has confirmed hexavalent chromium exceeding NR 140 Enforcement Standards and Preventive Action Limits, and soil contamination — including chromium and lead above Residual Contaminant Levels — has migrated off-site onto an adjacent parcel and a railroad right-of-way. A 2024 closure request was denied, and Wisconsin DNR approved a Site Investigation Work Plan in 2025 to direct further investigation under the Environmental Remediation Program. 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.
Chrome plating operations at this facility were conducted well before 1986, and Wisconsin DNR has confirmed that the hexavalent chromium contamination originated from those historic industrial activities rather than other potential sources. The additional site investigation directed by the 2025 work plan, ongoing groundwater monitoring, off-site soil remediation, and the work required to achieve closure represent 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.