This property has been the site of metal die casting operations since 1898, with tetrachloroethylene (PCE) and trichloroethylene (TCE) used as industrial degreasing solvents for decades before 1986. Chlorinated solvent contamination has been confirmed in groundwater across multiple aquifer formations, with PCE concentrations exceeding Wisconsin DNR NR 140 preventive action limits and enforcement standards, and an active groundwater extraction and treatment system has removed more than 960 pounds of volatile organic compounds to date. Off-site contamination has been confirmed at adjacent residential properties and public rights-of-way, with sub-slab depressurization systems installed at five homes along the neighboring street to mitigate exposure. 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.
The metal die casting operations that generated PCE and TCE contamination at this site began in 1898 and continued through the pre-1986 period, placing nearly nine decades of contaminating activity before the 1986 threshold. The ongoing groundwater extraction and treatment, off-site mitigation at neighboring residences, and continued remediation 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.
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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.