This property served as a metal stamping and metalworking facility — including enameling and galvanizing operations — from the 1800s through the mid-20th century, and foundry waste fill materials are present across the site, consistent with historical industrial practices in the Menomonee River Valley. A Phase II Environmental Site Assessment confirmed that releases occurred from those historic operations, with trichloroethylene (TCE) detected in groundwater at 96 µg/L — exceeding the NR 140 Enforcement Standard — along with polycyclic aromatic hydrocarbons and metals (antimony, arsenic, silver) exceeding enforcement standards at multiple sampling locations. The site is an active Wisconsin DNR Environmental Remediation Program case with a Site Investigation Report submitted in late 2025 and further investigation and remediation work ahead. 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 metalworking operations at this property — including metal stamping, enameling, and galvanizing — began in the 1800s and continued through the mid-20th century, well before 1986, releasing contaminants such as trichloroethylene, polycyclic aromatic hydrocarbons, and heavy metals that exceed NR 140 Enforcement Standards in groundwater and soil. The ongoing site investigation, groundwater remediation, vapor intrusion assessment, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent future costs that CGL carriers covering 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.