This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property was used for galvanizing and metal plating operations that relied on chlorinated solvents and heavy metals, with contamination discovered in 1997 during construction and characterized as historic in origin. Groundwater investigations have documented chlorinated solvent concentrations vastly exceeding Wisconsin DNR NR 140 standards — including 1,1,1-TCA at 38 times the enforcement standard and TCE at more than 100 times — along with extensive degradation products indicating decades of subsurface solvent migration, lead in soil at concentrations up to 2,400 mg/kg, and free-phase petroleum product on the water table. A vapor mitigation system was installed in 2021 to address chemical vapor intrusion, a monitoring well in the City of Milwaukee right-of-way confirms off-site groundwater contamination, and inject-and-infiltrate remediation has been approved under Wisconsin DNR Environmental Remediation Program oversight. 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.
Why Historical Insurance Policies May Be Accessible
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 galvanizing and metal plating operations that introduced chlorinated solvents and heavy metals into soil and groundwater at this property were active well before 1986, as evidenced by the extensive degradation of parent compounds into daughter products over decades in the subsurface. The ongoing groundwater treatment, vapor intrusion mitigation, off-site contamination management, and long-term monitoring required to meet Wisconsin DNR closure standards represent substantial future costs 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.