This 145-acre property hosted a grey iron foundry in continuous operation from 1900 through 2016, with ancillary uses including bulk petroleum storage from 1954 to 1987 and on-site waste disposal confirmed by a historical fill exemption predating 1970. RCRA metals, polycyclic aromatic hydrocarbons, and volatile organic compounds from foundry sand fill material exceed NR 720 residential contact levels, and multiple rounds of groundwater investigation have confirmed dissolved arsenic, selenium, and petroleum volatile organic compounds exceeding NR 140 standards. Groundwater flows west-southwest toward Spring Creek, a state-owned surface water approximately 100 to 300 feet from the property boundary. The site is an active Wisconsin DNR Environmental Remediation Program case with site investigation and remediation work ongoing. 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.
Foundry operations at this property began in 1900 and continued for more than eight decades before 1986, with bulk petroleum storage and industrial waste disposal adding further contamination throughout the mid-twentieth century. The multi-phase site investigation, groundwater remediation, and long-term monitoring required across this 145-acre property represent substantial 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.
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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.