Manufacturing operations at this property began in 1959 and included grinding, machining, testing, and assembly processes using organic solvents and organic-based machine coolants. Chlorinated solvents — including trichloroethylene (TCE), tetrachloroethylene (PCE), and 1,1,1-trichloroethane — along with volatile organic compounds and metals have been confirmed in soil and groundwater, with both light and dense non-aqueous phase liquids detected in multiple monitoring wells, including up to 9.35 feet of free product. Groundwater sampling has documented NR 140 Enforcement Standard exceedances for vinyl chloride at more than 500 times the standard, and TCE has exceeded sub-slab vapor risk screening levels. More than thirty monitoring wells have been installed as part of the ongoing Wisconsin DNR Environmental Remediation Program investigation, with quarterly and annual monitoring conducted since 1990. 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.
Manufacturing operations at this facility began in 1959 — more than a quarter century before 1986 — and the 1990 release notification explicitly identified the contamination as historic in origin. The extensive groundwater investigation, free-product recovery, vapor intrusion assessment, and remaining remediation work ahead under Wisconsin DNR oversight represent future costs that those historical 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.