This property has a documented industrial history dating to the 1800s, with successive operations including lumber processing, heavy machinery servicing, automotive salvaging, and petroleum storage in underground tanks. Site investigations revealed fill materials containing metal slag from foundry waste disposal extending up to 14.5 feet below grade, and groundwater sampling confirmed polycyclic aromatic hydrocarbons — including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene — exceeding Wisconsin NR 140 Enforcement Standards at three of five monitoring locations. Contamination has migrated off-site, with an adjacent bike trail property incorporated into the soil management plan and a groundwater plume potentially extending toward the Chippewa River. 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 site date to the 1800s and continued through multiple successive uses well before 1986, placing the contaminating activities squarely within the pre-1986 window. The ongoing groundwater investigation, off-site soil management, and remediation work required to address contamination extending toward the Chippewa River represent 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.