This property served as a wood window and door manufacturing facility from at least the 1940s, with pentachlorophenol (PCP) wood preservative stored in underground tanks installed around 1944. Soil contamination was confirmed when samples collected in 1978 were tested in October 1984, and Wisconsin DNR was notified that same month. A groundwater pump-and-treat system has operated since 1991, recovering more than 82,000 pounds of PCP through 2024, and river and sediment sampling has been ongoing since 1987 to track PCP mass flux into the Wisconsin River. 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.
Wood-preserving operations at this facility began in the 1940s and continued for decades before 1986, with underground PCP storage tanks installed approximately forty years before the contamination was formally identified. The ongoing pump-and-treat operations, continued groundwater monitoring, and Wisconsin River sediment assessment under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that those 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.