This property has been in industrial use since the 1920s, when a ravine on the site was filled with foundry sand, and subsequent decades of manufacturing operations included vehicle storage and industrial processes well before 1986. Chlorinated volatile organic compounds — including trichloroethylene (TCE), tetrachloroethylene (PCE), dichloroethylene (DCE), and vinyl chloride — have been confirmed in subsurface soil and shallow groundwater, consistent with historical degreasing solvent use. Contaminated groundwater has migrated into a storm sewer pipe that transects the property, with sampling confirming contamination at the outfall to Pike Creek, a state surface water body. Wisconsin DNR vapor intrusion screening has identified risk to nearby buildings, including residential properties and a school, and the site's 2025 investigation work plan remains under active DNR review. 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 1920s and continued for decades before 1986, placing the contaminating manufacturing and solvent use squarely within the pre-1986 window. The ongoing groundwater investigation, vapor intrusion assessment, remediation of off-site migration to Pike Creek, and continued Wisconsin DNR Environmental Remediation Program 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.