This property has been in continuous industrial use since the early 1920s, with documented operations including chemical manufacturing, oil wholesaling, welding and supply, truck equipment and body manufacturing, insecticide manufacturing, and water heater production spanning decades before 1986. Groundwater sampling has confirmed multiple exceedances of Wisconsin NR 140 Preventive Action Limits, including trichloroethylene (TCE) at more than five times the PAL, cis-1,2-dichloroethylene at more than four times the PAL, and polycyclic aromatic hydrocarbons such as benzo(b)fluoranthene at sixty times the PAL. The site is an active Wisconsin DNR Environmental Remediation Program case with a Site Investigation Work Plan approved and additional monitoring wells being installed, and residential properties are located less than 100 feet to the south. 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 operations at this property—including chemical manufacturing, oil wholesaling, insecticide production, and water heater manufacturing—span continuously from the early 1920s through and beyond 1986, placing decades of contaminating activity squarely within the pre-1986 coverage window. The ongoing site investigation under Wisconsin DNR's Environmental Remediation Program, installation of additional monitoring wells, groundwater remediation to address confirmed exceedances of NR 140 Preventive Action Limits for trichloroethylene, cis-1,2-dichloroethylene, and polycyclic aromatic hydrocarbons, and any protective measures required for the nearby residential properties represent substantial future costs that historical pre-1986 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.