This property hosted both a coal ash and foundry waste landfill and a paint manufacturing facility that used chlorinated solvents, including trichloroethylene (TCE), 1,1,1-trichloroethane (TCA), and toluene. The landfill was closed and abandoned before contamination was discovered in 1992, and was formally designated a Historical Waste Site by Wisconsin DNR in 2016 for foundry sand and coal ash deposits. Groundwater treatment has been in place since 1996, and TCE-contaminated soil and groundwater have migrated off-site along a utility conduit into neighboring residential properties, where vapor intrusion has exceeded action levels and vapor mitigation systems have been installed at multiple homes. 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.
The industrial activities at this property — including landfill disposal and solvent-based manufacturing — were conducted well before 1986, placing the contaminating work squarely in the pre-1986 window. The ongoing groundwater treatment, continued vapor intrusion investigation at additional residences, and remediation work required to reach Wisconsin DNR closure 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.