This property has been in industrial use since at least 1946, when metals recycling operations commenced, following earlier occupancy by coal, lumber, roofing, and sheet metalworking companies in buildings constructed between 1937 and 1949. Phase II investigation has confirmed PAHs, PCBs, and heavy metals in shallow soil consistent with decades of industrial activity, along with historic fill materials containing non-soil inclusions throughout the subsurface. Groundwater sampling across six monitoring wells has revealed benzene and vinyl chloride exceeding Wisconsin NR 140 Enforcement Standards, arsenic exceeding Preventive Action Limits, and PFAS compounds exceeding Wisconsin DHS-recommended standards — with potential for off-site migration toward nearby wetlands and Lake Wingra. 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 coal and lumber handling, sheet metalworking, and metals recycling — commenced as early as the late 1930s and continued for decades before 1986, introducing PAHs, PCBs, and heavy metals into soil and groundwater throughout that pre-1986 period. The cleanup work still ahead under Wisconsin DNR oversight — completing site investigation across multiple media, remediating contaminated soil and groundwater where benzene, vinyl chloride, and PFAS exceed applicable standards, maintaining a multi-well monitoring network, and preventing off-site migration toward nearby wetlands and Lake Wingra — represents substantial future costs that the historical carriers insuring these pre-1986 operations 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.