This property has a documented history as an industrial and manufacturing facility going back to 1984. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property has housed industrial operations since at least 1984, when a building constructed in 1968 became occupied for manufacturing use that included hazardous waste generation by 1985. Three septic systems on the property received industrial wastewater, with one designated as "former" and another as "old" by 1994, confirming that industrial discharges to on-site septic infrastructure were occurring during the pre-1986 period. A 1989 Phase I investigation detected 1,1,1-trichloroethane (1,1,1-TCA) at 160 ppb in floor drains associated with paint formulation operations, and 2025 groundwater sampling near former septic tank locations revealed PFOS and PFOA above Wisconsin recommended Enforcement Standards in all three sampling points, with additional PFAS compounds exceeding Preventive Action Limits. 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.
Why Historical Insurance Policies May Be Accessible
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 were generating RCRA-regulated ignitable wastes and discharging industrial wastewater to on-site septic systems by at least 1984, and a 1989 Phase I investigation confirmed 1,1,1-trichloroethane contamination in floor drains associated with paint formulation activities, establishing that hazardous substance releases were occurring before 1986. The groundwater investigation, PFAS remediation, and ongoing monitoring required to address PFOS and PFOA concentrations exceeding Wisconsin Enforcement Standards under WDNR Environmental Remediation Program oversight represent future costs that the 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.