This property hosted metal plating and degreasing operations beginning in 1950, with manufacturing structures present on-site until they were removed sometime before 1986. Chlorinated solvents including trichloroethylene (TCE), tetrachloroethylene (PCE), vinyl chloride, and 1,2-dichloroethane have been confirmed in groundwater at concentrations far exceeding Wisconsin DNR preventive action limits — TCE at more than 113 times and vinyl chloride at more than 256 times their respective limits. Chromium, arsenic, and lead consistent with decades of plating operations have also been identified, and quarterly groundwater monitoring across multiple wells is underway as part of an active Wisconsin DNR Environmental Remediation Program investigation. 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.
Metal plating and solvent degreasing operations at this property began in 1950 and continued for more than three decades before 1986, introducing chlorinated solvents and heavy metals into soil and groundwater throughout that period. The ongoing Wisconsin DNR Environmental Remediation Program investigation, continued quarterly groundwater monitoring, potential vapor intrusion assessment, and the remediation required to address TCE, PCE, vinyl chloride, and heavy-metal contamination at this severity represent substantial 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.