This property has been in continuous industrial use since 1912, with documented operations including rug manufacturing with oil paint and rubber processing (through 1966) and candle and paraffin manufacturing (1968–1984). Chlorinated solvents, lead, and polycyclic aromatic hydrocarbons (PAHs) have been confirmed in soil and groundwater, and sub-slab vapor testing on the adjacent property revealed Wisconsin DNR screening level exceedances for multiple chlorinated compounds, including 1,1-DCA at more than five times the screening level and 1,1-DCE at nearly four times the screening level. Eight monitoring wells have been installed as part of the ongoing Wisconsin DNR Environmental Remediation Program investigation, and a vapor intrusion assessment was initiated in 2021. 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 as early as 1912 — including rug manufacturing with oil paint and rubber processing through 1966, followed by candle and paraffin manufacturing from 1968 to 1984 — placing decades of contaminating activity squarely within the pre-1986 window. The ongoing groundwater investigation across eight monitoring wells, the vapor intrusion assessment initiated in 2021 in response to chlorinated solvent exceedances at neighboring properties, and the remediation and long-term monitoring still required under the Wisconsin DNR Environmental Remediation Program represent future costs that the CGL carriers for 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.