This property hosted industrial foundry and casting operations dating to at least 1927, with site maps documenting a coke shed, machine shop, transformer area, and a trichloroethylene (TCE) tank used for industrial degreasing. Phase II investigation sampling has confirmed TCE, tetrachloroethylene (PCE), polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), and RCRA metals in both soil and groundwater, and multiple monitoring wells have been installed across the site as part of the active Wisconsin DNR Environmental Remediation Program investigation. 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 foundry and casting operations at this property date to at least 1927 and continued for nearly six decades before 1986, generating chlorinated solvents such as TCE and PCE, PCBs, PAHs, and RCRA metals now confirmed in soil and groundwater across the site. The ongoing groundwater investigation, site-wide remediation, installation and sampling of monitoring wells, and long-term compliance monitoring required to satisfy Wisconsin DNR Environmental Remediation Program closure standards under NR 700 represent substantial future costs that carriers insuring 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.