This property has been in industrial use since the early 1900s, with decades of aluminum and zinc die casting manufacturing involving cutting oils, greases, degreasers, solvents, and suspect underground storage tanks. A Phase II Environmental Site Assessment confirmed extensive groundwater contamination across eight temporary monitoring wells, with benzene concentrations nearly 70 times the Wisconsin NR 140 enforcement standard, along with polycyclic aromatic hydrocarbons (chrysene, naphthalene, benzo(b)fluoranthene) and heavy metals including arsenic, cadmium, chromium, lead, and mercury at levels exceeding NR 140 standards. The site is an active Wisconsin DNR Environmental Remediation Program case with a site investigation workplan 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 — including decades of aluminum and zinc die casting involving cutting oils, solvents, degreasers, and underground storage tanks — began in the early 1900s and continued through the years preceding 1986. The site investigation now under review by the Wisconsin DNR Environmental Remediation Program, remediation of extensive groundwater contamination where benzene alone exceeds NR 140 enforcement standards by nearly 70 times alongside polycyclic aromatic hydrocarbons and heavy metals, and the long-term monitoring needed to achieve compliance represent substantial future costs that the 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.