This property has a documented history as an industrial and manufacturing facility going back to 1930. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property hosted various commercial and industrial operations from the 1930s through the 1990s, including machining operations that used chlorinated solvents such as tetrachloroethylene (PCE) and trichloroethylene (TCE) as degreasers. A volatile organic compound plume has migrated off-site into groundwater beneath the public right-of-way at N Killian Place, where monitoring wells confirm co-mingling plumes, and the Wisconsin DNR has determined that the full downgradient extent of groundwater contamination remains undefined. Sewer gas sampling has been required after TCE was detected at levels exceeding 10% of the Residential Sanitary Sewer Gas Screening Level, triggering additional investigation, and the DNR has directed assessment of potential vapor intrusion impacts to off-site properties. 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.
Industrial and commercial operations at this property began in the 1930s and continued for decades, with machining and degreasing activities releasing chlorinated solvents such as PCE and TCE into soil and groundwater well before 1986. The ongoing groundwater investigation to define the full downgradient extent of the contaminant plume, sewer gas assessment, vapor intrusion evaluation of off-site properties, and continued monitoring directed by the Wisconsin DNR Environmental Remediation Program 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.
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
The Restorical Proven Process
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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.