This property has a documented history as a landfill going back to 1970. 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 licensed for industrial waste disposal in 1969 and operated as an unlined disposal facility from 1970 to 1976, receiving approximately 870,000 gallons of liquid waste — including wood tar distillates, aluminum dust, oil-water mixtures, and paint waste — along with solid waste and buried drums disposed in unlined trenches. Chlorinated volatile organic compounds, including TCE, PCE, 1,1,1-TCA, and vinyl chloride, have been detected at concentrations exceeding maximum contaminant levels in both the upper and lower aquifers, and by 1985 VOCs were found in seven residential wells that were subsequently abandoned and replaced. A groundwater pump-and-treat system operated for approximately ten years before transitioning to monitored natural attenuation in 2021, and quarterly monitoring of roughly 30 residential wells continues under Wisconsin DNR oversight, with PFOA more recently detected above the maximum contaminant level in a source area well. 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.
Industrial waste disposal operations at this site ran from 1970 to 1976, with contamination confirmed in residential wells as early as 1985 — placing the entire period of contaminating activity well before 1986. The ongoing quarterly residential well monitoring, continued remediation under Wisconsin DNR oversight, and the emerging PFOA investigation 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.