This property has a documented history as an industrial and manufacturing facility going back to 1968. 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 has a development history reaching back to the 1800s, with the current structure built in 1968 as a department store atop earlier foundations documented on a 1954 Sanborn fire insurance map. Fill material — likely foundry sand — placed during the 1968 construction or earlier introduced elevated concentrations of lead (up to 859 mg/kg), arsenic, barium, mercury, and polycyclic aromatic hydrocarbons (PAHs) into the upper five to six feet of soil. Groundwater monitoring has confirmed barium above the Wisconsin NR 140 Preventive Action Limit in multiple wells across two sampling events, and additional geoprobe investigation is planned following building demolition as part of the ongoing Wisconsin DNR Environmental Remediation Program case. 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.
The contaminated fill material at this site — foundry sand containing elevated concentrations of lead, arsenic, barium, mercury, and polycyclic aromatic hydrocarbons — was placed during construction and grading operations no later than 1968, well before 1986. The site's remaining Environmental Remediation Program obligations, including post-demolition geoprobe investigation, groundwater remediation to address barium concentrations exceeding NR 140 Preventive Action Limits, and long-term monitoring under Wisconsin DNR oversight, represent future costs that carriers insuring operations at this property before 1986 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
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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.