This property has been in industrial and commercial use since 1919, with documented operations including harness manufacturing, generator parts manufacturing, machine shop operations involving metal casting and press work, and vehicle painting and service. A Phase II Environmental Site Assessment confirmed chlorinated volatile organic compounds in groundwater exceeding Wisconsin DNR NR 140 Preventive Action Limits at multiple monitoring well locations, along with petroleum compounds, polycyclic aromatic hydrocarbons, arsenic, chromium, cyanide, PCBs, and PFAS in soil. The site is an active Wisconsin DNR Environmental Remediation Program case with remedial action required under NR 700. 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 manufacturing operations at this property date back to 1919 and continued through decades of harness manufacturing, generator parts production, machine shop work, and vehicle painting and service, all well before 1986. The site investigation, soil and groundwater remediation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program to achieve NR 700 closure standards represent future costs that carriers insuring the businesses that operated here before 1986 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.