This property has been in industrial use since 1945, with electroplating operations that employed chromium, trichloroethylene (TCE), tetrachloroethylene (PCE), and other chlorinated solvents throughout the mid-20th century. Extensive groundwater contamination has been confirmed, with TCE, vinyl chloride, and multiple chlorinated degradation products exceeding Wisconsin NR 140 enforcement standards across numerous monitoring wells, and PFAS has also been detected in groundwater. Off-site monitoring wells and piezometers have been installed on adjacent property, off-site property owners have been notified, and a vapor mitigation system is in place to address confirmed chlorinated solvent vapor migration. A full-scale injection remediation was conducted in 2022 under Wisconsin DNR Environmental Remediation Program oversight, with ongoing groundwater monitoring 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.
Electroplating operations at this site began in 1945 and continued for more than four decades before 1986, placing the contaminating activity squarely in the pre-1986 window. The ongoing groundwater monitoring, vapor mitigation, and any additional remediation needed to achieve NR 140 compliance 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.