This property served as an iron foundry and manufacturing facility from 1900 through 2017, with operations encompassing casting, finishing, and agricultural and military parts production. Documented spill events in 1978, 1980, and 1984 confirm pre-1986 releases, including a 1980 spill directly over Spring Creek, and three 30,000-gallon fuel oil underground storage tanks were removed from the site. Hazardous waste generated during decades of operations included TCE, PCE, cadmium, lead, and PAHs, with foundry sand fill containing RCRA metals distributed across the property. Groundwater investigations have confirmed PCE and RCRA metals exceeding Wisconsin DNR NR 140 Enforcement Standards, and a separate ERP case for the Spring Creek Project Area was opened in 2025 to address ongoing surface water impacts. 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.
Iron foundry and manufacturing operations at this site began in 1900 and continued for more than eight decades before 1986, with documented hazardous waste generation and spill events throughout that period. The ongoing groundwater investigation, surface water remediation along Spring Creek, and site-wide cleanup under Wisconsin DNR Environmental Remediation Program oversight 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.