Industrial manufacturing at this property dates to at least 1910, with electroplating operations running from 1961 through approximately 1987 and chromium waste complaints documented as early as 1964. The Wisconsin DNR initiated an Environmental Remediation Program case in 1985 after plating wastes seeped into the adjacent railroad right-of-way, and subsequent investigations confirmed heavy metals (chromium and nickel) and chlorinated solvents (tetrachloroethylene and trichloroethylene) in soil and groundwater. Contamination has also been documented at a neighboring property, three groundwater monitoring wells have been installed, and a 2006 Phase I Environmental Site Assessment noted that groundwater impacts have not yet been fully assessed. 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.
Electroplating operations at this site began in 1961 and generated documented waste complaints more than two decades before 1986, placing the contaminating activity squarely in the pre-1986 window. The ongoing groundwater investigation, monitoring, and remediation work required to fully characterize and address contamination both on-site and at the adjacent property 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.