This property has served as an industrial manufacturing site since the 1880s, with heavy manufacturing operations spanning more than a century. Chlorinated solvents — including trichloroethylene (TCE) and tetrachloroethylene (PCE), consistent with industrial degreasing processes — have been confirmed in groundwater at concentrations exceeding Wisconsin DNR NR 140 Enforcement Standards, and contamination has migrated beyond the property boundary, with the off-site extent still not fully delineated. Indoor air testing in 2023 revealed vapor concentrations exceeding Wisconsin DNR Vapor Action Levels and Vapor Risk Screening Levels, and an environmental consultant was engaged in 2024 to advance investigation and remediation under the Wisconsin DNR Environmental Remediation Program. 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.
Manufacturing operations at this property began in the 1880s and continued through the pre-1986 period, placing more than a century of contaminating industrial activity squarely within the pre-1986 window. The ongoing groundwater investigation, off-site plume delineation, vapor intrusion assessment, and remediation work ahead 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.