This property has been in commercial and industrial use since at least 1894, with machining, assembly, electroplating, polishing, and enameling operations conducted from 1937 through 1969 and a 500-gallon leaded gasoline underground storage tank installed before 1986 and removed in 1996. Soil and groundwater contamination includes trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, polycyclic aromatic hydrocarbons (PAHs), PCBs, cyanide, and RCRA metals, with multiple monitoring wells exceeding Wisconsin DNR NR 140 Enforcement Standards. Off-site sewer gas sampling in the N. Teutonia Avenue right-of-way has confirmed migration of chlorinated solvent vapors into municipal utilities beyond the property boundary, and Wisconsin DNR has directed additional off-site monitoring wells and evaluation of utility impacts. 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 manufacturing operations at this property — including machining, electroplating, and enameling — began more than four decades before 1986 and generated the chlorinated solvent, metals, and petroleum contamination now confirmed in soil, groundwater, and off-site utilities. The ongoing groundwater investigation, off-site utility impact evaluation, additional monitoring well installation, and remediation required under Wisconsin DNR 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.