This property was used for industrial manufacturing operations from approximately 1942 through 1986, spanning more than four decades of activity that included solvent-based degreasing processes typical of textile and fabrication work. Chlorinated volatile organic compounds, including trichloroethylene (TCE) and tetrachloroethylene (PCE), have been confirmed in soil, groundwater, sub-slab vapor, soil gas, and indoor air, with concentrations exceeding Wisconsin DNR vapor action levels. A vapor mitigation system has been installed to protect the residential apartment building now located on the property, and the site remains an active Wisconsin DNR Environmental Remediation Program case. 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 began in approximately 1942 and continued through 1986, placing more than four decades of contaminating activity squarely within the pre-1986 window. The ongoing vapor mitigation, groundwater investigation, and 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.