Die-casting and metal manufacturing operations have been conducted at this property since 1898, using industrial solvents and degreasing chemicals for decades before 1986 — contamination that was already on EPA's radar by 1983. Tetrachloroethylene (PCE), trichloroethylene (TCE), PCBs, and other volatile organic compounds have been confirmed in soil and groundwater, with PCE plumes documented across multiple bedrock formations and off-site soil contamination confirmed in surrounding residential areas. A groundwater extraction and treatment system installed in 2016 has removed approximately 2,080 pounds of VOCs through December 2024, and remediation continues under Wisconsin DNR Environmental Remediation Program and EPA oversight. 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.
Die-casting and metal manufacturing operations at this property date to 1898 — nearly nine decades of industrial activity before 1986 — and the site's contamination was already drawing federal attention by 1983. The ongoing groundwater extraction and treatment, continued monitoring across multiple bedrock formations, off-site soil and PCB remediation, and compliance with a 2017 stipulated judgment 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.
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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.