This property was used as an industrial foundry sand disposal site beginning around 1955, with aerial photography confirming foundry sand fill across the property by the mid-1960s. The deposited foundry sand contained degreasing solvents, paints, and petroleum chemicals, and site investigations have confirmed trichloroethylene (TCE) at 260,000 µg/kg in soil and vinyl chloride at 130,000 µg/kg, along with tetrachloroethylene (PCE), benzene, and polycyclic aromatic hydrocarbons (PAHs). Groundwater monitoring from 1998 through 2025 has documented TCE concentrations exceeding Wisconsin NR 140 enforcement standards by more than twenty times and vinyl chloride exceeding standards by more than thirty times. Wisconsin DNR designated this an Environmental Remediation Program case and determined in 2020 that prior investigations did not adequately define contamination in all media, prompting additional site investigation work including sub-slab vapor testing completed in 2025 and a Site Investigation Report submitted in 2026. 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 that deposited contaminated foundry sand at this site began around 1955 and continued through the 1960s, placing decades of contaminating activity well before 1986. The ongoing groundwater monitoring, sub-slab vapor assessment, and remediation work required to address contamination across soil, groundwater, and soil vapor represent substantial future obligations 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.