This property hosted continuous heavy industrial operations from before 1910 through 1985, including foundry work, a manufactured gas plant, and decades of equipment manufacturing using chlorinated solvents such as trichloroethylene (TCE) and tetrachloroethylene (PCE). Industrial waste fill — including cinders, foundry waste, and slag — extends up to 15 feet below the ground surface, and seven underground storage tanks were historically present on the property. Groundwater contamination exceeding Wisconsin DNR NR 140 enforcement standards has been confirmed, with contamination migrating into the South Nicholson Avenue public right-of-way and vapor screening levels exceeded at the property in 2024. The site remains an active Wisconsin DNR Environmental Remediation Program case, with injection and infiltration remediation conducted in 2012 and a continuing obligation for residual groundwater contamination recorded in 2017. 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 operations at this property began more than seven decades before 1986 and continued through the mid-1980s, spanning foundry work, manufactured gas production, and solvent-intensive manufacturing across a period of more than 75 years. The ongoing groundwater remediation, vapor intrusion assessment, and remaining investigation and compliance work under Wisconsin DNR oversight represent future costs that those historical 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.