This property has a documented history as a landfill going back to 1958. 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 sand and gravel pit before transitioning to disposal operations in the late 1950s, accepting solvents, organic compounds, municipal refuse, and RCRA-regulated hazardous materials until operations ceased in 1966. Groundwater sampling conducted between 1980 and 1986 confirmed volatile organic compound contamination, and subsequent remedial investigation revealed a tetrahydrofuran (THF) plume extending approximately 3,600 feet beyond the disposal area and a BTEX plume reaching 800 feet downgradient, with off-property monitoring wells showing vinyl chloride above Wisconsin DNR enforcement standards. Active remediation systems, including landfill air sparging and in-situ vapor extraction, continue to operate under a U.S. EPA Groundwater Control Record of Decision originally issued in 1992 and amended in 2017, and private wells in the surrounding area are sampled annually. 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.
Disposal operations at this site began in the late 1950s and continued through 1966, placing all contaminating activity decades before the 1986 threshold. The ongoing groundwater remediation, operation and maintenance of active treatment systems, annual private-well monitoring, and long-term compliance obligations 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.
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.