This property operated as an industrial manufacturing facility for decades before 1986, with activities including solvent degreasing using trichloroethylene (TCE) and electrical equipment manufacturing involving dielectric oil. Underground storage tanks removed in 1988 revealed volatile organic compound contamination — TCE and its degradation products 1,1-dichloroethylene (1,1-DCE) and vinyl chloride — in soil and groundwater, and the site was subsequently placed under both federal RCRA corrective action and the Wisconsin DNR Environmental Remediation Program. A groundwater pump-and-treat system with five extraction wells has been operating since 1997, and a five-phase vapor intrusion assessment conducted between 2017 and 2021 confirmed sub-slab TCE concentrations exceeding Wisconsin DNR vapor risk screening levels, resulting in installation of a sub-slab depressurization system. 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.
The industrial operations responsible for TCE contamination at this facility were well established before 1986, with solvent degreasing and hazardous material storage in place for decades before the contamination was discovered during the 1988 tank removal. The ongoing groundwater extraction and treatment, vapor intrusion mitigation, extensive monitoring well network, and the remediation work still required to achieve Wisconsin DNR closure 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.