This property has a documented history as an industrial and manufacturing facility going back to 1900. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property served as an iron foundry from approximately 1900 through its closure in 2016, with underground storage tanks for core oil and fuel oil installed in 1949 and 1954 and abandoned in place in 1991. Foundry sand fill containing polycyclic aromatic hydrocarbons (PAHs), RCRA metals, and volatile organic compounds was deposited across the entire site throughout the 20th century, and the facility generated large quantities of hazardous waste including trichloroethylene (TCE), cadmium, and lead. A 2023 site investigation confirmed groundwater contamination, with tetrachloroethene (PCE) exceeding the NR 140 Enforcement Standard, dissolved arsenic exceeding preventive action limits in eight monitoring wells, and 1,4-dioxane detected above preventive action limits in three wells. Contaminated foundry sand fill has also impacted sediments in Mills Creek and Spring Creek, prompting Wisconsin DNR to open a separate Environmental Remediation Program case for stream remediation, with a sediment evaluation to follow once stream restoration is performed. 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.
Why Historical Insurance Policies May Be Accessible
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.
Foundry operations at this site began around 1900 and continued for more than eight decades before 1986, with underground storage tanks installed in the late 1940s and 1950s and documented hazardous waste disposal occurring before 1970. The ongoing groundwater investigation, future sediment evaluation, and remediation of widespread soil and groundwater contamination across this property represent substantial future 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.