This property has a long history of industrial operations predating 1986, with an EPA Superfund Site Assessment recorded as early as June 1980 and a Wisconsin DNR notification of hazardous substance discharge filed in July 1985 describing the contamination as historic. Volatile organic compounds, petroleum hydrocarbons, engine waste oil, lead, and chlorinated solvents — including trichloroethylene (TCE) and 1,4-dioxane — have been confirmed in soil and groundwater, with TCE exceeding NR 140 Enforcement Standards at multiple monitoring wells. The chlorinated volatile organic compound plume continues to expand and may be migrating off-site, with enforcement standard exceedances documented on an adjacent property to the south and residual soil contamination in the public right-of-way. 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 site were well established before 1986, with federal and state environmental actions beginning as early as 1980 and contamination officially characterized as historic by the time of the 1985 DNR notification. The ongoing groundwater investigation, off-site plume delineation, and remediation work required under Wisconsin DNR Environmental Remediation Program oversight 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.