This property was developed for industrial use in 1956 and has hosted metal plating and electrical assembly manufacturing since at least 1958, with large quantities of trichloroethylene (TCE) used as a degreasing solvent and PCB-containing hydraulic oils used extensively in on-site buildings. A 1991 Phase II Environmental Site Assessment documented historical TCE solvent releases beneath the facility, and subsequent investigation has revealed an off-site groundwater plume migrating westward through the dolomite bedrock aquifer toward the Rock River and the Watertown municipal airport property. A sump water carbon filtration system has discharged more than 2.2 million gallons of treated water to the Watertown wastewater treatment plant since 2006, and off-site bedrock monitoring wells installed at the airport property in 2023 continue to detect chlorinated volatile organic compounds. The site remains an active Wisconsin DNR Environmental Remediation Program case with semiannual groundwater monitoring and remediation ongoing. 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 involving TCE solvent use and PCB-containing hydraulic oils began at this property in the late 1950s and continued through the pre-1986 period, with PCBs banned outright in 1979 and TCE releases confirmed beneath the facility from decades of degreasing activity. The extensive ongoing remediation — including carbon filtration treatment, off-site groundwater plume monitoring across the bedrock aquifer, and additional investigation at the airport property — represents substantial future costs that those historical pre-1986 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.