This property served as a major machine tool manufacturing facility for decades before 1986, with operations supported by multiple underground tank systems for petroleum, mineral spirits, coolant, methanol, and heating oil, as well as foundry operations that left contaminated fill across the site. A 1993 Phase II Environmental Site Assessment confirmed property-wide contamination including petroleum hydrocarbons, trichloroethylene (TCE) and other chlorinated solvents, metals, and RCRA Subtitle C wastes, with groundwater exceeding NR 140 Enforcement Standards in multiple areas. Decades of groundwater monitoring, a WPDES discharge permit for treated groundwater, and ongoing natural attenuation monitoring continue under Wisconsin DNR Environmental Remediation Program oversight, and a vapor intrusion investigation workplan was approved in August 2026 to address TCE migration concerns. 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.
Machine tool manufacturing operations at this property were well established before 1986, and the Wisconsin DNR case was opened as early as 1980 in response to a notification of historic hazardous substance discharge, confirming that contaminating activity was underway decades before the 1986 cutoff. The vapor intrusion investigation now underway, continued groundwater monitoring, and the remediation work required to address NR 140 exceedances across multiple site areas represent substantial future costs that those pre-1986 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.