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 145-acre property hosted continuous iron foundry operations from 1900 through 2016, with facilities expanding across multiple plant buildings over the course of the 20th century. Anthropogenic fill consisting of spent foundry sand was placed across the property in conjunction with those decades of foundry operations, and site investigations have confirmed contamination including polycyclic aromatic hydrocarbons (PAHs), heavy metals such as arsenic and selenium, volatile organic compounds including benzene and naphthalene, tetrachloroethylene (PCE), and polychlorinated biphenyls (PCBs). Groundwater sampling has revealed benzene concentrations exceeding Wisconsin NR 140 Enforcement Standards in multiple monitoring wells, with naphthalene and PCE also exceeding Preventive Action Limits, and the groundwater plume flows toward Spring Creek along the western property boundary. The site is an active Wisconsin DNR Environmental Remediation Program case with an approved Site Investigation Report and Remedial Action Plan directing ongoing investigation and remediation. 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.
Iron foundry operations at this property began in 1900 and continued for more than eight decades before 1986, a period during which spent foundry sand, chlorinated solvents, and heavy metals were continuously introduced into the soil and groundwater. The groundwater remediation, continued site investigation across this 145-acre industrial property, and long-term monitoring required to achieve Wisconsin DNR Environmental Remediation Program closure standards represent substantial future costs that the CGL carriers for the businesses that operated here before 1986 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
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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.