This property has been in continuous industrial use since 1910, with operations including steel and iron foundry work, industrial equipment manufacturing, painting operations, and steel fabrication spanning nearly nine decades. Chlorinated solvents including trichloroethylene (TCE) were used in industrial processes, and underground storage tanks containing fuel oil were installed before 1986 and removed in 1989. Groundwater monitoring since 1999 has documented TCE concentrations up to 269 µg/L — well above the NR 140 Enforcement Standard — with free-phase fuel oil and polycyclic aromatic hydrocarbons (PAHs) also detected across multiple monitoring wells. The site remains an active Wisconsin DNR Environmental Remediation Program case, with the most recent site investigation report not approved by the agency. 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 in 1910 and continued through the mid-1980s and beyond, placing more than seven decades of heavy manufacturing and solvent use squarely in the pre-1986 window. The ongoing groundwater investigation, multi-well monitoring program, and remediation work required to address TCE, fuel oil, and PAH contamination under Wisconsin DNR oversight 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.