This property has a documented history as an industrial and manufacturing facility going back to 1965. 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 facility was constructed in 1965 and used trichloroethylene (TCE) as a recirculating coolant in its cooling and HVAC equipment from the mid-1960s until 1986, when that use was discontinued. Incompatible gaskets and sealing materials in the cooling infrastructure caused leaks over roughly two decades of operation, releasing TCE into the subsurface. Groundwater sampling at multiple monitoring wells has confirmed TCE and its breakdown products — cis-1,2-dichloroethene and vinyl chloride — at concentrations exceeding Wisconsin NR 140 Enforcement Standards, with the contaminant plume migrating toward nearby surface water. Sub-slab vapor concentrations have been measured at more than fifty times the Wisconsin DNR Vapor Risk Screening Level, and Vapor Action Levels were exceeded at the property as of early 2024. 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.
The contaminating operations at this facility — the use of TCE as a building coolant — spanned approximately two decades entirely within the pre-1986 window, from the mid-1960s through 1986. The ongoing groundwater investigation, vapor intrusion assessment, plume migration monitoring, and remediation work ahead under Wisconsin DNR Environmental Remediation Program 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
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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.