This property has a documented history as a landfill going back to 1962. 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.
Between 1962 and 1968, this property received approximately six to eight feet of urban fill material — including foundry sand, coal, concrete, and metal debris — to raise the elevation of what was then a low-lying area. Phase II investigation has confirmed volatile organic compounds (PCE, TCE, cis-1,2-DCE), polycyclic aromatic hydrocarbons (benzo(a)pyrene, chrysene, benzo(b)fluoranthene), and RCRA metals (arsenic, lead, mercury) in soil attributable to that historic fill. Groundwater monitoring at wells B-13, B-19, and B-21 shows PAH concentrations exceeding Wisconsin NR 140 enforcement standards, and the site remains an active Environmental Remediation Program case with continuing investigation and remediation obligations. 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.
The contamination at this site traces to urban fill disposal operations conducted between 1962 and 1968, when the businesses that operated here deposited approximately six to eight feet of material — including foundry sand, coal, concrete, and metal debris — introducing volatile organic compounds, polycyclic aromatic hydrocarbons, and RCRA metals into soil and groundwater well before 1986. Continued site investigation, groundwater monitoring at wells exceeding NR 140 enforcement standards, and remediation of residual contamination required under the Wisconsin DNR's Environmental Remediation Program 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.