This property has been in industrial use since at least 1965, when machining and tool-and-die operations began at a facility constructed between 1954 and 1956. A soap and detergent manufacturer also operated on the western portion of the site for approximately five years during the pre-1986 period. Chlorinated solvents — consistent with decades of machining and degreasing operations — have been confirmed in groundwater, and trichloroethylene (TCE) has been specifically flagged as a vapor intrusion concern. The site is an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work ongoing. 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 machining, tool-and-die work, and degreasing activities — began as early as 1965 at a facility constructed in the mid-1950s, with a soap and detergent manufacturer also operating on the western portion of the site during the pre-1986 period. The ongoing groundwater investigation, TCE vapor intrusion assessment, and remediation work required under Wisconsin DNR's Environmental Remediation Program represent future costs that the CGL carriers for those pre-1986 operations 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.