This 145-acre property served as an iron foundry throughout the 20th century, with underground storage tanks installed in 1949 and 1954 and vegetable canning operations dating to the early 1900s. Foundry sand fill containing RCRA metals (arsenic, cadmium, chromium, lead, selenium), polycyclic aromatic hydrocarbons (PAHs), and volatile organic compounds (VOCs) has been documented across the entire redevelopment area, and multiple fuel oil spills to Spring Creek occurred during decades of foundry operations. Groundwater sampling confirms exceedances of Wisconsin NR 140 groundwater quality standards, and a site investigation approved by Wisconsin DNR in 2025 defines the scope of ongoing Environmental Remediation Program oversight. 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 — including iron foundry production, vegetable canning, and the use of underground storage tanks installed in 1949 and 1954 — spanned most of the 20th century, with contamination from foundry sand fill, petroleum releases to Spring Creek, and industrial process wastes occurring well before 1986. The ongoing site investigation approved by Wisconsin DNR, together with the groundwater remediation, sediment evaluation, and site-wide cleanup required under the Environmental Remediation Program across this 145-acre area, 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.