This property hosted die casting and industrial manufacturing operations beginning in 1952, with a facility expansion in 1964, using PCB-containing hydraulic fluids and chlorinated solvents — including trichloroethylene (TCE) and tetrachloroethylene (PCE) — for parts cleaning and vapor degreasing. Groundwater contamination is extensive, with PCB concentrations reaching 1,800 μg/L against a Wisconsin NR 140 enforcement standard of 0.03 μg/L, and chlorinated volatile organic compounds far exceeding enforcement standards across the site. PCBs also migrated off-site through the public sanitary sewer system, contaminated a municipal fertilizer product, and were identified in Milwaukee River sediments — impacts that led to the temporary closure of 25 school parks and 5 county parks in Milwaukee County in 2007. An enhanced in-situ bioremediation program is now active with ongoing groundwater monitoring under Wisconsin DNR Environmental Remediation Program oversight. 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 die casting and solvent degreasing operations at this facility began in 1952 and continued for more than three decades before 1986, placing the origin of PCB and chlorinated solvent contamination squarely in the pre-1986 window. The enhanced in-situ bioremediation, long-term groundwater monitoring, off-site sediment investigation, and continuing environmental compliance work ahead represent substantial 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.