Historic foundry waste fill — including foundry sand, coke, and slag — was discovered at this property during a road reconstruction project, with the fill material consistent with early-to-mid 20th century Wisconsin foundry operations. Soil sampling confirmed elevated concentrations of lead and polycyclic aromatic hydrocarbons (PAHs), and groundwater sampling at boring GP-16 detected dissolved lead at 6.4 µg/L, exceeding the Wisconsin NR 140 Preventive Action Limit of 1.5 µg/L. The site is an active Wisconsin DNR Environmental Remediation Program case, with soil removal underway and groundwater investigation 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.
The industrial foundry waste discovered at this property — including foundry sand, coke, and slag — was placed as fill material during early-to-mid twentieth century operations, decades before 1986. The ongoing soil removal, continued groundwater investigation to address dissolved lead exceeding NR 140 Preventive Action Limits, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent future costs that carriers insuring the businesses that operated here before 1986 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.
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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.