This property has been in industrial use since 1910, beginning with grey iron foundry operations that included sand casting, coal and coke storage, and grinding, followed by furnace manufacturing with core ovens, pattern shops, and paint and oil storage through 1975. Tetrachloroethylene (PCE), trichloroethylene (TCE), and polycyclic aromatic hydrocarbons including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene have been confirmed in groundwater above Wisconsin NR 140 Enforcement Standards, with dissolved arsenic also exceeding enforcement standards. TCE has been detected in sanitary sewer gas within a public right-of-way manhole on Oklahoma Avenue, confirming off-site migration of contamination beyond the property boundary. The site is an active Wisconsin DNR Environmental Remediation Program case with a revised site investigation, remedial action options report, and remedial action plan under review. 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 began with grey iron foundry casting in 1910 and continued through furnace manufacturing until 1975, placing sixty-five years of contaminating activity squarely before 1986. The ongoing groundwater remediation for chlorinated solvents and polycyclic aromatic hydrocarbons exceeding NR 140 Enforcement Standards, the off-site vapor intrusion investigation along Oklahoma Avenue, and completion of the remedial action plan required under Wisconsin DNR's 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.
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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.