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 municipal landfill operated from 1969 to 1983, accepting hazardous and toxic wastes — including solvents, thinners, lacquers, paints, and asbestos-containing sludge — from residential, commercial, and industrial sources. Groundwater contamination was first observed in 1981, and the site was placed on the National Priorities List in 1987 following an EPA Preliminary Assessment, with a 1990 Record of Decision confirming that the landfill is contributing to groundwater contamination in a Class IIA aquifer used for human consumption via private wells approximately 1,100 feet away. Ongoing monitoring through Five-Year Assessment Reports from 1998 through 2023 has confirmed persistent volatile organic compounds (chloroethane, benzene, 1,1-dichloroethane, 1,1,1-trichloroethane), semi-volatile organic compounds, and metals including arsenic, cadmium, and chromium in groundwater, and PFAS sampling was initiated in 2020. 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.
All landfill operations and the resulting contamination first documented in 1981 took place entirely before 1986, spanning more than a decade of hazardous waste disposal from 1969 through 1983. The continuing groundwater monitoring, PFAS assessment, and long-term remediation obligations under ongoing federal and state oversight represent future costs that those 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.