This property has been in industrial use since before 1885, with aluminum manufacturing and metal finishing operations documented from 1913 through 1983, followed by paint-related manufacturing from 1984 to 2018. Phase II investigation has confirmed soil and groundwater contamination including volatile organic compounds, polycyclic aromatic hydrocarbons, PCBs, metals, chlorinated solvents (TCE and PCE), and per- and polyfluoroalkyl substances (PFAS). Groundwater sampling across nine monitoring wells has detected multiple PFAS compounds — including PFOS at concentrations up to 1,900 ng/L — and Wisconsin DNR directed additional off-site investigation in January 2025, resulting in new monitoring wells installed in the public right-of-way along 13th Street. The site is an active Environmental Remediation Program case with ongoing investigation to define the degree and extent of contamination both on- and off-site. 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 — including aluminum manufacturing, metal finishing, and chemical storage — began before 1885 and continued through 1983, spanning decades of contamination-generating activity well before 1986. The PFAS delineation, off-site groundwater investigation directed by Wisconsin DNR along 13th Street, continued monitoring across the expanded well network, and multi-contaminant remediation required under the Environmental Remediation Program represent substantial future cost obligations that historical pre-1986 carriers for the businesses that operated here 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.