Industrial manufacturing operations producing non-stick cookware began at the adjacent facility in 1969, utilizing paints, adhesives, solvents, oils, and PFAS-containing chemicals for nearly two decades before 1986. PFAS has been detected above Wisconsin NR 140 preventive action limits and enforcement standards in groundwater across multiple monitoring wells, and volatile organic compounds including trichloroethylene (TCE), chloroform, and cis-1,2-dichloroethylene have also been confirmed in soil and groundwater. Active remediation is underway under Wisconsin DNR Environmental Remediation Program oversight, including soil consolidation, engineered barriers, and passive sub-slab depressurization systems. 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 manufacturing operations at this property — involving paints, solvents, oils, and PFAS-containing chemicals used in non-stick cookware production — began in 1969 and continued for nearly two decades before 1986, generating the PFAS and chlorinated solvent contamination now confirmed in soil and groundwater. The ongoing groundwater investigation, soil remediation, engineered barriers, vapor mitigation, and long-term monitoring required to achieve Wisconsin DNR Environmental Remediation Program closure standards represent future costs that CGL carriers insuring the businesses that operated here before 1986 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.