This property has been in industrial and commercial use since at least 1898, with rail lines and a lumber yard on or adjacent to the site followed by decades of warehouse and wholesale hardware operations through 1985. Historic urban fill material — including foundry sands, cinders, and brick fragments deposited before 1970 — has been confirmed to contain polycyclic aromatic hydrocarbons (PAHs) and metals exceeding Wisconsin DNR residual contaminant levels in soil, and a 1938 building permit documents the installation of a gasoline underground storage tank whose disposition remains unresolved. Four PAH compounds have been detected in groundwater at monitoring well MW-1, and approximately 10,000 tons of contaminated soil are being excavated and landfilled as part of the active Environmental Remediation Program case. 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 and commercial operations at this property — including rail and lumber yard use dating to 1898, decades of warehouse and wholesale hardware activity, and the installation of a gasoline underground storage tank documented by a 1938 building permit — exposed this site to contamination well before 1986, during the years when the businesses that operated here held CGL policies. The ongoing excavation of approximately 10,000 tons of contaminated soil, continued groundwater investigation at monitoring wells where PAH compounds have been detected, contaminated water discharge management under WPDES permit, and any additional remediation required to satisfy Wisconsin DNR closure standards under the Environmental Remediation Program represent future costs that those 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.