This property operated as an industrial and metal manufacturing facility for decades before 1986, with operations that included chlorinated solvent degreasing processes and at least three underground storage tanks installed well before 1986. Trichloroethylene (TCE) and tetrachloroethylene (PCE) contamination has been confirmed across a 50-well groundwater monitoring network, with TCE concentrations reaching 20,200 µg/L at the source area and free product (LNAPL) persisting in source-area wells. Off-site groundwater contamination has been confirmed at multiple bedrock monitoring wells east and south of the property, with the plume migrating southeast toward the South Branch of the Manitowoc River, and a vapor intrusion investigation is actively underway 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.
The industrial degreasing and petroleum storage operations that created the chlorinated solvent and petroleum contamination at this site took place decades before 1986, and Wisconsin DNR classified the release as historic at the time of notification. The extensive ongoing groundwater monitoring across a 50-well network, vapor intrusion investigation, free product recovery, and remediation work that lies ahead represent 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.
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.