This property has been in continuous industrial use since 1908, with documented operations including sheet metal fabrication, valve manufacturing with a brass foundry, and electroplating that continued for several decades until 1999. Trichloroethylene (TCE), RCRA metals including cadmium, chromium, and lead, cyanide, and volatile organic compounds were identified in soil, and approximately 700 tons of characteristically hazardous soil and 1,200 tons of non-hazardous contaminated soil were excavated in 2000, with elevated contaminant concentrations remaining below the excavation depth. A 2024 site investigation confirmed groundwater contamination, with polycyclic aromatic hydrocarbons (PAHs) exceeding Wisconsin NR 140 enforcement standards and per- and polyfluoroalkyl substances (PFAS) detected at all three monitoring wells — the site remains an active Wisconsin DNR Environmental Remediation Program case with additional site investigation required. 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 — including sheet metal fabrication, brass foundry work, and electroplating — began in 1908 and spanned more than seven decades before 1986, releasing trichloroethylene, RCRA metals, cyanide, and volatile organic compounds into soil and groundwater. Completing the additional site investigation required under the Wisconsin DNR Environmental Remediation Program, remediating residual contaminated soil below the prior excavation depth, and monitoring and treating groundwater to address TCE, polycyclic aromatic hydrocarbons, and PFAS that exceed NR 140 enforcement standards represent substantial future costs that 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.