This property has a documented history as an industrial and manufacturing facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property served as a chemical manufacturing and distribution facility for most of the twentieth century, with documented pre-1986 releases including a 300-gallon trichloroethylene (TCE) spill in 1982, a 300-gallon mineral oil release in 1983, and a 1,900-gallon lacquer thinner release in 1984. A RCRA Facility Investigation completed in 1994 confirmed petroleum-related organics, polycyclic aromatic hydrocarbons (PAHs), and chlorinated volatile organic compounds in soil and groundwater, with contamination extending across multiple groundwater zones to depths of 100 feet and migrating toward the Menomonee River. The site remains an active Wisconsin DNR Environmental Remediation Program case, with phytoremediation installed for hydraulic containment, vapor intrusion assessments conducted in 2011 and 2021, and injection treatments planned as part of ongoing remediation. 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.
Chemical manufacturing and distribution operations at this property spanned most of the twentieth century, with confirmed releases in 1982, 1983, and 1984 placing the contaminating activity firmly in the pre-1986 window. The groundwater remediation across multiple zones, vapor intrusion mitigation, planned injection treatments, and long-term monitoring required under Wisconsin DNR oversight represent substantial future costs that pre-1986 CGL carriers in Wisconsin 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
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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.