This property was used for precision instrument manufacturing with chlorinated solvents including tetrachloroethylene (PCE) and trichloroethylene (TCE). A 150-gallon underground storage tank used for spent chemical disposal was removed in 1992, revealing historic soil contamination, and source areas have been identified at the former UST location and a former drum storage area. A soil vapor extraction and groundwater recovery system operated from 1996 to 2001, followed by potassium permanganate injections in 2006 and 2015, yet PCE concentrations in groundwater remain as high as 33,400 μg/L — far exceeding Wisconsin DNR NR 140 enforcement standards. The contamination plume extends off-site to the south, with monitoring wells installed on adjacent properties and vapor screening levels exceeded at off-site locations as recently as December 2023. 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 solvent operations at this property began decades before 1986, with chlorinated compounds used as standard degreasing agents throughout the facility's manufacturing history. The extensive groundwater investigation, off-site vapor assessment, and ongoing remediation work required under Wisconsin DNR Environmental Remediation Program oversight 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.