This property has a documented history as a landfill going back to 1969. 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 landfill has been a source of groundwater contamination since at least 1969, when a hazardous substance discharge was first reported to Wisconsin DNR, and federal EPA site assessments in 1981, 1983, and 1985 documented the scope of the problem. Volatile organic compounds — including PCE, TCE, 1,1-DCA, cis-1,2-DCE, and vinyl chloride — have been confirmed in groundwater, along with more recently identified contaminants including 1,4-dioxane and PFAS. A pump-and-treat system has operated continuously since 1997, extracting over 2.6 billion gallons of groundwater and removing approximately 835 pounds of VOCs, while quarterly private well monitoring, well replacements, and surface water sampling in the Chippewa River continue under Wisconsin DNR Environmental Remediation Program oversight. 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 site began no later than 1969, placing the contaminating activity nearly two decades before 1986. The ongoing pump-and-treat operations, private well replacements, PFAS and 1,4-dioxane investigation, and long-term groundwater monitoring ahead 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.