This property has a documented history as an industrial and manufacturing facility predating 1986. 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.

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.

The chlorinated solvents confirmed in groundwater at this property — TCE, vinyl chloride, and cis-1,2-DCE — are characteristic industrial degreasers whose widespread use predates 1986, and the opening of an initial Environmental Remediation Program case at this same property in 1994 confirms that contamination from pre-1986 industrial operations has persisted here for decades. The ongoing groundwater investigation, remediation of NR 140 Enforcement Standard exceedances — including vinyl chloride concentrations measured at more than 41 times the applicable standard — and the long-term monitoring required to achieve Wisconsin DNR closure represent 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.