This property was constructed circa 1917 for dairy and food equipment manufacturing, with operations including tinning of steel components, metal fabrication, painting, sandblasting, and the use of chlorinated solvents — specifically trichloroethylene (TCE) and tetrachloroethylene (PCE) — for cleaning and degreasing throughout the facility's operational life. Groundwater testing has confirmed TCE and PCE concentrations above Wisconsin NR 140 Enforcement Standards in two distinct contamination areas beneath the property, sub-slab soil vapor exceedances have required installation of a depressurization system, and volatile organic compounds have been detected in a sanitary sewer at a nearby public right-of-way. The site is an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation 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.
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.
Manufacturing operations at this property began circa 1917 and continued for nearly seven decades before 1986, with chlorinated solvent use for degreasing spanning much of that period. The multi-area groundwater investigation, vapor mitigation, and remediation work required to address two distinct contamination zones 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.
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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.