This property has been in continuous industrial use since approximately 1917, with operations including equipment manufacturing, metal finishing, machining, welding, and sandblasting, as well as a gasoline service station with underground storage tanks predating 1950. A Phase II Environmental Site Assessment in 1997 detected chlorinated solvents — including TCE, PCE, cis-1,2-DCE, and TCA — in soils near former process areas and drum storage locations, and groundwater contamination exceeding Wisconsin DNR NR 140 Enforcement Standards for benzene, ethylbenzene, and toluene has been confirmed repeatedly through 2025. Vapor intrusion screening levels were exceeded in 2024, prompting installation of a vapor mitigation system, and subsurface injection remediation and groundwater monitoring have been ongoing under Wisconsin DNR Environmental Remediation Program oversight since 2014. 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 facility began more than six decades before 1986 and continued through the mid-1980s, with cleaning solvents, hazardous waste disposal, and petroleum storage all contributing to contamination that originated squarely in the pre-1986 window. The ongoing groundwater monitoring, subsurface injection remediation, vapor mitigation, and any additional investigation and remediation required to achieve Wisconsin DNR closure 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.