This property has been in continuous industrial use since the late 1960s, with manufacturing operations that included parts degreasing with chlorinated solvents — a use confirmed by a prior Wisconsin DNR Environmental Remediation Program case documenting solvent contamination near a former underground storage tank. Contaminated fill material containing chlorinated volatile organic compounds, polycyclic aromatic hydrocarbons (PAHs), and metals was placed on-site during facility expansion between 1980 and 1990. Grab groundwater samples from multiple borings have confirmed trichloroethylene (TCE) and vinyl chloride at concentrations exceeding Wisconsin NR 140 enforcement standards, and the Wisconsin DNR did not approve the initial Site Investigation Report, directing further investigation and remediation work. 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 the late 1960s, with chlorinated solvent use in manufacturing processes and placement of contaminated fill material confirmed during the period before 1986. The additional site investigation required by the Wisconsin DNR, along with the groundwater remediation and long-term monitoring needed to address TCE and vinyl chloride contamination exceeding NR 140 enforcement standards, represent substantial future costs that 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.