This property has been in industrial use since at least 1894, with Sanborn fire insurance maps documenting a succession of heavy manufacturing operations — including electrical motor production beginning by 1901 — and facility expansions continuing through the late 1960s. Chlorinated solvents (TCE, PCE, and 1,1,1-TCA), polychlorinated biphenyls (PCBs), and petroleum products from five underground storage tanks were all in use at the facility well before 1986. A 1996 groundwater investigation confirmed contaminants far exceeding Wisconsin DNR enforcement standards, including TCE at more than 24 times and lead at nearly 45 times their respective limits, while PCB contamination has migrated into the city storm sewer system and vapor intrusion from TCE prompted Wisconsin DNR notification actions in 2011 and 2021. 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.
Heavy manufacturing operations at this site began more than nine decades before 1986, with continuous use of chlorinated solvents, PCB-containing equipment, and petroleum storage tanks spanning the entire pre-1986 period. The groundwater remediation, PCB cleanup in public storm sewer infrastructure, vapor intrusion response, and ongoing Environmental Remediation Program oversight 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.