This property has a documented history as a landfill going back to 1967. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property operated as a landfill from 1967 to 1985, accepting an estimated 50,000 to 500,000 cubic yards of commercial and industrial waste — including demolition debris, plastics, and industrial byproducts — with some waste burned on-site before the landfill was capped in 1988. Groundwater monitoring conducted between 1999 and 2003 confirmed volatile organic compounds and chlorinated solvents in downgradient wells, with vinyl chloride detected at 55 times the Wisconsin NR 140 enforcement standard and benzene and chlorobenzene exceeding preventive action limits in multiple wells. More than 300 residents within one mile rely on private wells drawing from the same shallow sand and gravel aquifer, and a potential surface water pathway exists to Lake Wissota via contaminated groundwater discharge. 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.
Why Historical Insurance Policies May Be Accessible
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.
Landfill operations at this property ran from 1967 through 1985, accepting an estimated 50,000 to 500,000 cubic yards of commercial and industrial waste — including demolition debris, plastics, and industrial byproducts — with on-site burning of waste and final capping in 1988, placing nearly two decades of contaminating activity entirely before 1986. With Wisconsin DNR having issued a notice of violation in 2016, monitoring wells abandoned without agency approval, and the full extent of groundwater contamination still uncharacterized — including vinyl chloride detected at 55 times the NR 140 enforcement standard in a shallow aquifer serving more than 300 private wells within one mile — the investigation, reassessment, remediation, and long-term monitoring work ahead represent 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
The Restorical Proven Process
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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.