This property has been in industrial use since at least 1909, with Sanborn fire insurance maps documenting a progression of operations including rawhide belt manufacturing, welding, pattern-making, and metal salvage and junkyard operations spanning most of the 20th century. Chlorinated volatile organic compounds — including trichloroethylene (TCE), tetrachloroethylene (PCE), and 1,1,1-trichloroethane (1,1,1-TCA) — have been confirmed in groundwater, along with 1,4-dioxane and vinyl chloride exceeding Wisconsin NR 140 Enforcement Standards. Contamination has migrated off-site to adjacent alleys and rights-of-way, with multiple off-site monitoring wells documenting the extent of the groundwater plume, and the site carries a Historical Waste Site designation. The site is an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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 at this property began as early as 1909 and continued through the 1980s, spanning more than seven decades of pre-1986 activity that included metal salvage, solvent-based degreasing, and fuel oil storage. The ongoing groundwater investigation, off-site plume monitoring, and remediation work required to address NR 140 exceedances represent future costs that those historical 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.