This property has a documented history as an industrial and manufacturing facility going back to 1970. Historical insurance policies issued during operations at this property and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
Solvent reclamation and recycling operations began at this property in 1970, and volatile organic compound (VOC) releases from those operations prompted remedial activities as early as the 1980s. Per- and polyfluoroalkyl substances (PFAS) from aqueous film forming foam (AFFF) use at the facility have also been confirmed in groundwater, with contamination plumes extending off-site through shallow, mid-depth, and bedrock aquifers and discharging to Lowes Creek. Fifteen private wells have been sampled with PFAS detections documented in multiple wells, and PFAS has been detected in monitoring wells at the adjacent Lowes Creek County Park. The site remains an active Wisconsin DNR Environmental Remediation Program case with ongoing monitoring and remediation. 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.
Solvent reclamation and recycling operations at this facility began in 1970, more than fifteen years before 1986, and the resulting VOC contamination has been under remediation since the 1980s. The extensive groundwater remediation, private well monitoring, and PFAS response work ahead under Wisconsin DNR 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
The Restorical Proven Process
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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.