This property housed an aluminum foundry and machining facility beginning in 1954, with building additions continuing through 1978 and operations that included a 1,000-gallon trichloroethylene (TCE) above-ground storage tank, solvent storage areas, and a hazardous waste storage area. Groundwater sampling has confirmed TCE concentrations as high as 660 µg/L — more than 130 times the Wisconsin NR 140 enforcement standard of 5 µg/L — and sub-slab vapor testing detected TCE at 1,300 µg/m³, exceeding the commercial/industrial vapor risk screening level. Chlorinated volatile organic compound contamination has been identified in both unconsolidated and bedrock aquifers, with multiple off-site properties affected, and Wisconsin DNR has directed a remedial options evaluation under the Environmental Remediation Program. 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.
Aluminum foundry and machining operations at this property began in 1954 and continued for more than three decades before 1986, with building additions through 1978 and routine use of trichloroethylene as a degreasing solvent alongside on-site solvent and hazardous waste storage areas. The groundwater remediation across both unconsolidated and bedrock aquifers, vapor intrusion mitigation, off-site investigation of affected properties, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent substantial future costs that the historical pre-1986 carriers of the businesses that operated here 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.