This property has supported industrial operations since at least 1919, beginning with blacksmith, tractor, and auto repair activities through the 1950s, followed by foundry operations from the 1960s through 2017, with railroad tracks also traversing the site from 1919 into the late 1960s. PCBs (Aroclor-1254) have been detected in soil at concentrations exceeding Wisconsin DNR NR 720 soil-to-groundwater residual contaminant levels, alongside PAHs and metals consistent with decades of foundry and industrial use, and a former 1,000-gallon leaded gasoline underground storage tank is documented on the property. Groundwater monitoring across five wells has confirmed exceedances of NR 140 standards for manganese, PFOS, PFOA, PFNA, and molybdenum, with the contaminated groundwater flowing southeast toward the Wisconsin River. 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 site — including blacksmithing, vehicle repair, and foundry work — span more than six decades before 1986, and the detection of PCBs banned since 1979 directly confirms contamination originating in the pre-1986 window. The ongoing Environmental Remediation Program investigation, groundwater monitoring across multiple wells, and remediation of soil and groundwater contamination at this complex industrial property represent substantial future costs that those historical 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.