Industrial operations at this property date to the 1920s, with decades of aluminum manufacturing that included chrome plating, tin plating, solvent use, and wartime production of battery cases and shell casings. Chlorinated solvents, mineral spirits, and benzene were used on-site well before 1986, and the facility housed multiple underground and aboveground storage tanks — two mineral spirits USTs were removed in 1990, two fuel oil USTs shown on a 1953 Sanborn map were abandoned in place in 1996, and three benzene aboveground storage tanks remain unaccounted for with their removal date and soil conditions unknown. Trichloroethylene (TCE) has been confirmed in groundwater through extensive monitoring well sampling, triggering vapor intrusion assessments and a Department of Health Services consultation, and PCB contamination prompted notification to the EPA. An active sediment investigation is underway given the facility's proximity to the Manitowoc River, with sediment sampling approved and ongoing under 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.
Industrial operations at this site began in the 1920s and continued for decades through the pre-1986 period, with chrome plating, solvent use, and petroleum storage all occurring well before 1986. The ongoing groundwater investigation, vapor intrusion assessment, sediment sampling along the Manitowoc River, and future remediation work represent substantial costs that those historical 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.