This property has been in continuous industrial use since before 1891, with nearly a century of manufacturing operations that included wood and steel furniture production, washing machine and dryer assembly, wartime ammunition box fabrication, and laboratory cabinetry — all involving hazardous solvents including MEK, toluene, and pentachlorophenol. Trichloroethylene (TCE), tetrachloroethylene (PCE), volatile organic compounds, metals, lead, PCBs, and PAHs have been confirmed in soil and groundwater, and a chlorinated VOC plume has migrated off-site, with LNAPL found in an off-site monitoring well and PFAS detected in off-site groundwater. The site is an active Wisconsin DNR Environmental Remediation Program case, with CVOC injection remediation approved and a pilot test underway. 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 before 1891 and continued through the mid-1980s, placing nearly a century of contaminating activity — and the CGL policies in force during that period in Wisconsin — within the pre-1986 window. The ongoing CVOC plume remediation, off-site PFAS evaluation, vapor intrusion assessment, and groundwater monitoring ahead represent substantial future costs that those 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.