This property operated as an open dump from 1940 to 1969 and as a licensed sanitary landfill from 1969 to 1976, accepting municipal waste and power plant fly ash over more than three decades. Chlorinated solvents including trichloroethylene (TCE) and tetrachloroethylene (PCE), polychlorinated biphenyls (PCBs), pesticides, and metals have been confirmed in soil, groundwater, sediment, and surface water. By 1985, volatile organic compounds were detected in seven residential wells at concentrations exceeding Wisconsin groundwater standards, prompting well replacements, and leachate had migrated onto neighboring properties. The site is listed on the National Priorities List and remains an active Wisconsin DNR Environmental Remediation Program case, with monitored natural attenuation ongoing through 2024 and the Branch River — a drinking water source — located less than one mile to the west. 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 began in 1940 and continued for more than three decades, placing all waste disposal and contaminating activity squarely in the pre-1986 window. The residual groundwater contamination, ongoing monitored natural attenuation, and any future remediation required to protect nearby drinking water sources represent costs that those historical 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.
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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.