This property operated as a licensed landfill from approximately 1964 through 1976, accepting waste that included industrial materials containing chlorinated solvents such as tetrachloroethylene (PCE) and trichloroethylene (TCE). Groundwater contamination migrated off-site and impacted private water supply wells above health advisory levels, prompting Wisconsin DNR to authorize emergency bulk water supplies for affected residences in 2002 and the installation of replacement private wells in 2007. The site remains an active Environmental Remediation Program case, with groundwater and private well monitoring continuing through 2025 under Wisconsin DNR 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.
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 waste acceptance and landfill operations at this site occurred between 1964 and 1976, placing the entirety of the contaminating activity more than a decade before 1986. The ongoing groundwater monitoring program, private well sampling, and any further remediation required to protect off-site receptors 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.
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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.