Adhesive manufacturing operations began at this property in approximately 1974, with six underground storage tanks installed that year to hold industrial solvents including hexane, methylene chloride, toluene, acetone, and 1,1,1-trichloroethane. The facility held a WDNR interim status license for hazardous waste storage beginning in 1983, and a hazardous material release investigation was initiated by WDNR in 1987. Groundwater monitoring has revealed vinyl chloride and 1,4-dioxane above Wisconsin DNR enforcement standards, arsenic and PFOS above preventive action limits at multiple monitoring wells, and contamination has migrated off-site — approximately 981 tons of contaminated soil was excavated from a neighboring property in 2003. The site remains an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation and remediation. 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.
The adhesive manufacturing operations and underground storage tank use at this site began in 1974 — more than a decade before 1986 — and the facility's hazardous waste handling was already the subject of WDNR regulatory oversight by the early 1980s. The continued groundwater investigation, PFAS and 1,4-dioxane assessment, off-site contamination management, and remediation 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.