This property has a long history of chemical manufacturing and distribution operations predating 1986, including chemical blending, packaging, and storage activities conducted by a succession of industrial operators. A prior Environmental Remediation Program case was opened in 1994, and the site has accumulated ten closed spill cases over the years. Current Wisconsin DNR investigation has confirmed groundwater contamination by multiple PFAS compounds, with monitoring wells MW-1, MW-2, and MW-3 showing exceedances of NR 140 Preventive Action Limits and Enforcement Standards — including PFPeA at 1,100 ng/L and PFHxA at 430 ng/L in confirmatory sampling. 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.
Chemical manufacturing, blending, packaging, and distribution operations at this property were conducted by a succession of industrial operators well before 1986, introducing contamination into soil and groundwater over decades of chemical handling. The full site investigation, PFAS remediation, ongoing groundwater monitoring, and NR 700 compliance work now required by the Wisconsin DNR represent substantial future costs that the CGL carriers insuring those pre-1986 operations 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.