This property has a documented history as a landfill going back to 1967. 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 received municipal, commercial, and industrial solid wastes — as well as approximately three million gallons of wastewater treatment plant sludge — from 1967 through 1983, before being capped with clay in 1985. A remedial investigation and feasibility study identified a volatile organic compound plume migrating south and southwest from the landfill, with vinyl chloride, TCE, PCE, cis-1,2-DCE, and benzene exceeding Wisconsin NR 140 enforcement standards in groundwater. Off-site contamination has affected private drinking water wells — vinyl chloride was detected in a well approximately 350 feet south of the landfill in 1984, and two additional private wells were found contaminated roughly 1,600 feet downgradient in 2004 — prompting multiple residential connections to municipal water supply. As of 2021, thirty monitoring wells are tracking the off-site groundwater plume under Wisconsin DNR Environmental Remediation Program oversight, and PFAS has also been flagged at the site. 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 in 1967 and continued through 1983, with all waste disposal activities occurring entirely within the pre-1986 window. The extensive groundwater monitoring network, ongoing plume management, PFAS assessment, and any additional remediation required to address the migrating contamination represent 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
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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.