This property served as an aluminum cookware manufacturing facility from approximately 1913 through 1984, with Sanborn fire insurance maps documenting industrial operations including rail sidings and iron oil tanks as early as 1913. Per- and polyfluoroalkyl substances (PFAS) have been detected in groundwater, with PFOA measured at 288 ng/L in a monitoring well located in the 15th Street public right-of-way — more than 70 times the Wisconsin enforcement standard of 4.0 ng/L. A site investigation work plan has been approved by Wisconsin DNR under the Environmental Remediation Program, and the West Twin River borders the property as a potential surface water receptor. 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 spanned from approximately 1913 through 1984, with Sanborn fire insurance maps documenting rail sidings and iron oil tanks as early as 1913, placing the entire history of aluminum cookware manufacturing at this site before 1986. The PFAS site investigation approved by Wisconsin DNR under the Environmental Remediation Program, the groundwater remediation needed to address PFOA concentrations exceeding the state enforcement standard by more than 70 times, and the long-term monitoring of the West Twin River as a potential surface water receptor represent substantial future and ongoing costs that historical 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.