This property has hosted industrial and commercial operations since before 1894, including galvanized iron works, die casting, filling stations, plating works, paint storage, clothes cleaning, and welding and cutting operations spanning decades through the early 1960s. Contaminated historic fill material containing foundry sand, metals, and polycyclic aromatic hydrocarbons (PAHs) has been documented across the site, and groundwater monitoring has confirmed exceedances of Wisconsin DNR standards for tetrachloroethylene (PCE), benzene, arsenic, total PCBs, selenium, and barium at multiple locations. Investigation has also confirmed that both soil volatile organic compounds and groundwater contamination extend off-site, and the site remains an active Wisconsin DNR Environmental Remediation Program case with supplemental investigation and interim remedial action underway. 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 and commercial operations at this property began more than nine decades before 1986, with documented manufacturing, fueling, plating, and cleaning activities spanning from the late 1800s through the early 1960s. The supplemental investigation, interim remedial actions, off-site contamination assessment, and long-term groundwater monitoring ahead represent substantial 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.