This property has a documented history as a landfill going back to 1944. 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 property was used as a landfill beginning in 1944, receiving tin cans, bottles, and other municipal waste through the mid-twentieth century, with 1952 aerial photographs confirming materials still stored on site. Phase II Environmental Site Assessment borings found slag fill material with glass shards at two to eight feet below grade in every boring location, consistent with decades of waste disposal. Groundwater sampling at multiple monitoring wells revealed arsenic, lead, and polycyclic aromatic hydrocarbons — including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene — at concentrations exceeding Wisconsin NR 140 preventive action limits. The site is an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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 property began in 1944, with waste disposal activity documented through at least the early 1950s — all occurring decades before 1986. The groundwater investigation, contamination delineation, and remediation work ahead under Wisconsin DNR oversight 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
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.