This property has a documented history as an industrial and manufacturing facility going back to 1942. 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 has been in industrial use since 1942, initially as a government ordnance and radar tube factory before transitioning to appliance, outboard motor, and defense manufacturing through the mid-twentieth century. Decades of industrial operations generated waste disposed of in lagoons, dry wells, and seepage pits, resulting in contamination by volatile organic compounds — including trichloroethylene (TCE), dichloroethylene (DCE), dichloroethane (DCA), and trichloroethane (TCA) — as well as cadmium from plating operations dating to the 1940s. Groundwater contamination has migrated off-site across five identified plumes, with VOCs first detected in the Eau Claire municipal water supply in 1981 and private residential wells contaminated above drinking water standards. The site was listed on the federal Superfund list in 1984 and remains an active Wisconsin DNR Environmental Remediation Program case, with pump-and-treat systems operating continuously since the late 1980s. 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.
Industrial operations at this site began in 1942 and continued for more than four decades before 1986, with waste disposal practices from the 1940s through the 1960s directly responsible for the contamination now requiring remediation. The ongoing groundwater extraction, pump-and-treat operations, off-site plume management, and long-term monitoring under federal and state oversight represent substantial 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.
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.