This property served as part of a foundry complex that began operations in 1900, producing agricultural implements and military and vehicle parts through more than eight decades of continuous industrial use before ceasing operations in 2016. Spent foundry sand containing heavy metals and polycyclic aromatic hydrocarbons (PAHs) was used as fill across the site, and chlorinated solvents including 1,1,1-TCA and 1,4-dioxane — consistent with decades of industrial spills and releases — have been confirmed in soil and groundwater. Groundwater sampling from multiple monitoring and temporary wells shows exceedances of Wisconsin NR 140 enforcement standards and preventive action limits for 1,1-DCE, 1,1,1-TCA, TCE, chloroethane, and 1,4-dioxane. The site is an active Wisconsin DNR Environmental Remediation Program case with soil treatment by chemical oxidation injection approved and remediation 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.
Industrial operations at this property began in 1900 and continued for more than eight decades before 1986, a period during which chlorinated solvents, heavy metals, and spent foundry sand containing PAHs were introduced into soil and groundwater. The ongoing soil remediation by chemical oxidation injection, groundwater treatment to address exceedances of NR 140 enforcement standards, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent substantial future costs that the pre-1986 carriers of the businesses that operated here 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.