This property served as a machine shop and electroplating facility, with operations that included barrel and rack zinc plating as well as chlorinated solvent degreasing. A Phase II environmental assessment identified 1,2-dichloroethane (1,2-DCA) in subsurface fill material and elevated metals — zinc, arsenic, and lead — consistent with long-term industrial use, and groundwater sampling confirmed 1,2-DCA concentrations exceeding the Wisconsin NR 140 Enforcement Standard along with dissolved arsenic above its enforcement threshold. Wisconsin DNR denied a No Action Required determination and directed a full site investigation under the Environmental Remediation Program, and further investigative work has been requested beyond the initial site investigation report. 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.
Machine shop and electroplating operations at this property — including barrel and rack zinc plating and chlorinated solvent degreasing — were conducted well before 1986, introducing 1,2-dichloroethane and elevated metals into subsurface soil and groundwater over years of routine industrial use. The full site investigation, remediation, and ongoing groundwater monitoring that Wisconsin DNR has directed under the Environmental Remediation Program represent future costs that the CGL carriers insuring those pre-1986 operations 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.