This property has been in continuous industrial and commercial use since the early 1900s, with lumber yard and warehousing operations documented prior to 1924 and historical fill material — including foundry sand, slag, brick, glass, and metal — deposited before 1937 according to aerial photograph review. Tetrachloroethylene (PCE), polycyclic aromatic hydrocarbons (PAHs), and characteristically hazardous lead have been confirmed within the historical fill, and groundwater sampling reveals PCE at more than eighteen times the Wisconsin NR 140 Enforcement Standard alongside elevated degradation products including trichloroethylene (TCE), cis-1,2-dichloroethylene, and vinyl chloride at thirty-six times its enforcement standard. Vapor action levels have also been exceeded, and the site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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 property began in the early 1900s, with fill activities documented prior to 1937 and manufacturing facilities constructed in 1958, placing decades of contaminating activity squarely before 1986. The extensive groundwater remediation, vapor intrusion assessment, and ongoing investigation required to address chlorinated solvent and heavy metal contamination under Wisconsin DNR 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.