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 landfill operated from 1970 to 1974, accepting both municipal and hazardous industrial waste — including more than 1,200 cubic yards of mercury brine sludge, asbestos-containing dust, and industrial solvents such as toluene, xylene, methyl ethyl ketone, and methylene chloride. Extensive groundwater contamination has been confirmed through more than sixty rounds of long-term monitoring since 1993, with the lower sandstone aquifer showing exceedances of Wisconsin enforcement standards for vinyl chloride, 1,4-dioxane, iron, manganese, mercury, barium, benzene, chlorinated solvents, and PFAS. Approximately 2,000 residents within three miles rely on the affected aquifer for drinking water, and residential wells continue to be monitored semi-annually 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.
All landfill operations at this site occurred between 1970 and 1974, placing the entirety of the contaminating activity more than a decade before 1986. The ongoing long-term groundwater monitoring, residential well sampling, and any additional remediation required to address the extensive aquifer contamination 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.