This property was built in 1967 as an industrial radiator manufacturing facility, where chlorinated solvents — tetrachloroethylene (PCE) and 1,1,1-trichloroethane (TCA) — were used for parts degreasing from the plant's construction through approximately 1993. A 1998 Site Investigation Report documented groundwater contamination several orders of magnitude above Wisconsin NR 140 Enforcement Standards beneath and adjacent to the facility, with the solvent plume extending several hundred feet south of the property line. Offsite monitoring wells installed in 2012 confirmed continued plume migration beyond the property boundary, and an unnamed creek along the facility's western and southern edges presents potential surface water impact. The site remains an active Wisconsin DNR Environmental Remediation Program case. 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.
Solvent-based degreasing operations at this facility began in 1967 and continued for nearly two decades before 1986, placing the origin of the chlorinated solvent contamination squarely in the pre-1986 window. The ongoing groundwater investigation, plume delineation, offsite monitoring, and remediation work required to address contamination that extends well beyond the property boundary 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.