This property has a documented history as a landfill going back to 1960. 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 served as a waste disposal facility from the early 1960s through the 1970s, receiving drums of benzene, solvents, thinners, waste oil, and PCB-containing materials from multiple industrial operations in the area. Groundwater contamination is extensive, with trichloroethylene (TCE), dichloroethylene (DCE), and vinyl chloride concentrations far exceeding Wisconsin NR 140 standards, and off-site impacts include vinyl chloride in Silver Creek exceeding NR 105 surface water standards and contamination of private potable wells — at least seven exceeding state standards for vinyl chloride, with six wells replaced. An active groundwater treatment system has operated since approximately 2019, and off-site plume investigation continues under Wisconsin DNR Environmental Remediation Program oversight. 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 at this site occurred from the early 1960s through the 1970s, with PCB contamination confirmed by subsurface testing further establishing disposal activity well before 1986. The ongoing groundwater treatment, off-site plume investigation, private well monitoring, and surface water remediation represent substantial 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.