This property operated as a landfill from 1957 to 1966, accepting industrial sludge containing paint waste, boat parts, and mixed public refuse. PCBs, polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), trichloroethylene (TCE), barium, and arsenic have been confirmed in soil and groundwater, with barium and arsenic detected in all five monitoring wells during a 1990 geo-environmental survey. Contamination has migrated off-site into groundwater and onto an adjacent state highway right-of-way, and landfill debris — including glass, scrap metal, drums, and paint sludge — remained visible at the ground surface as recently as 2016. 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.
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 ran from 1957 to 1966, placing the entirety of the contaminating activity nearly three decades before 1986. The investigation of off-site groundwater and soil impacts, sediment assessment, and the remediation work required to address decades of buried industrial and municipal waste 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.