This property, with a building dating to the 1940s, has been impacted by contamination migrating from an adjacent former manufactured gas plant, foundry, and bottle washing facility whose industrial operations predate 1986 by decades. Chlorinated solvents — including trichloroethylene (TCE), tetrachloroethylene (PCE), cis-1,2-dichloroethylene, trans-1,2-dichloroethylene, and vinyl chloride — along with polycyclic aromatic hydrocarbons (PAHs) have been confirmed in groundwater, with July 2025 monitoring well results showing TCE at more than twice the Wisconsin NR 140 Enforcement Standard and PCE exceeding the same standard. The presence of the full reductive dechlorination chain from PCE through vinyl chloride confirms a long-standing chlorinated solvent release consistent with decades of industrial activity. The site is an active Wisconsin DNR Environmental Remediation Program case with monitoring wells installed and site investigation 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 the adjacent source properties — including manufactured gas production, foundry work, and bottle washing — were active for decades before 1986, generating the chlorinated solvent and PAH contamination that has migrated onto this property and now requires action under the Wisconsin DNR Environmental Remediation Program. The ongoing and future costs of site investigation, groundwater monitoring, remediation of TCE, PCE, and related contaminants exceeding NR 140 Enforcement Standards, and long-term compliance represent obligations that insurance carriers covering the businesses that operated here before 1986 may be required 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.