A meat processing facility operated at this property continuously from as early as 1916 through 2017, with documented use of chlorinated solvents in manufacturing operations. Chlorinated volatile organic compounds — including trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, and cis-1,2-dichloroethylene — were first detected in on-site groundwater wells in 1986 at concentrations exceeding preventive action limits. Subsequent investigation has revealed groundwater contamination far exceeding Wisconsin NR 140 enforcement standards, with vinyl chloride measured at 128 times and 1,2-dichloroethane at more than 2,400 times their respective standards, and sub-slab TCE vapor concentrations exceeding industrial screening levels by more than 100 times. An active soil vapor extraction system has been installed under Wisconsin DNR Environmental Remediation Program oversight, with vapor action level exceedances documented as recently as January 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.
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 manufacturing operations at this site began nearly seven decades before 1986 and continued through the mid-1980s, with chlorinated solvent use during that pre-1986 period identified as the source of the contamination now being addressed. The ongoing soil vapor extraction, groundwater monitoring, and additional investigation and remediation work required to meet Wisconsin DNR closure standards 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.