This property operated as a foundry facility with on-site waste disposal documented before 1970, and a 2005 Historical Waste Site designation confirmed foundry waste had been deposited without a waste disposal license. Direct push borings have encountered solid waste throughout the property, and site investigations have identified metals, polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), and per- and polyfluoroalkyl substances (PFAS) in soil and groundwater. PFAS concentrations in multiple monitoring wells exceed Wisconsin DNR groundwater standards, and PFOA has been detected above surface water quality standards in the adjacent Menominee River slough, with sediment sampling conducted in the river in 2025. The off-site PFAS groundwater plume remains incompletely delineated, and Wisconsin DNR has directed additional investigation to the east and south of the property. 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.
Foundry operations and waste disposal at this site were underway before 1970 — well within the pre-1986 window — and generated contamination consistent with decades of industrial activity. The extensive work ahead, including off-site groundwater plume delineation, river sediment assessment, and the remediation and long-term monitoring required to address PFAS, metals, and PAHs across soil, groundwater, and surface water, represents 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.