This property adjoins a cookware manufacturing facility that has operated since 1969 and a historical landfill active from the 1950s through the 1970s, both identified as recognized environmental conditions in a 2021 Phase I Environmental Site Assessment. A 2024 Phase II investigation confirmed groundwater contamination at the site, with PFOA exceeding proposed NR 140 enforcement standards in multiple monitoring wells, TCE detected in groundwater, and nine total PFAS compounds identified across samples. Soil contamination with chloroform and cis-1,2-DCE exceeds protection-of-groundwater residual contaminant levels, confirming an ongoing contaminant pathway from soil to groundwater, and the site remains an active Wisconsin DNR Environmental Remediation Program case with additional investigation required. 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.
The contamination at this property traces to industrial manufacturing operations that began on the adjoining parcel in 1969 and continued throughout the pre-1986 period, along with a nearby landfill active from the 1950s through the 1970s, which together introduced PFAS, TCE, and other chlorinated compounds into the soil and groundwater. The additional site investigation, groundwater remediation addressing PFOA and TCE exceedances, and long-term monitoring still required under the Wisconsin DNR Environmental Remediation Program represent future costs that historical pre-1986 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.