Industrial foundry and manufacturing operations at this property date to the mid-1800s, producing contamination from decades of foundry sand disposal, chemical use, and waste handling. Investigations have confirmed PCBs, polycyclic aromatic hydrocarbons (PAHs including benzo(a)pyrene and chrysene), dissolved arsenic, dissolved lead, and chlorinated volatile organic compounds (1,1,1-TCA, 1,1-DCA) in soil and groundwater, with multiple exceedances of Wisconsin NR 140 enforcement standards documented across a network of seven monitoring wells. Groundwater at the site flows east toward Lake Michigan, and free product removal was conducted in 1995 as part of ongoing remediation under the Wisconsin DNR 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.
Foundry and manufacturing operations at this property began more than a century before 1986 and continued through the period when PCBs, metals, and industrial wastes were routinely used and disposed of on-site. The ongoing groundwater monitoring, further investigation, and remediation work required to address contamination across the foundry sand network represent substantial 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.