This property has a documented history as an industrial and manufacturing facility predating 1986. 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 contaminated by former industrial sandblasting and surface-coating operations conducted at an adjacent facility, with lead and polycyclic aromatic hydrocarbons (PAHs) migrating across property boundaries onto this parcel. Nine groundwater monitoring wells have been installed, and sampling has confirmed contamination exceeding Wisconsin DNR NR 140 preventive action limits and enforcement standards. A Groundwater Use Restriction and Continuing Obligations were established in 2012, and the site remains an active Environmental Remediation Program case with ongoing cap maintenance and groundwater monitoring requirements. 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 industrial sandblasting and surface-coating operations that caused the contamination at this site were well established before 1986, as evidenced by the long operational history of the adjacent facility and the nature of the contaminants detected. The ongoing groundwater monitoring, cap maintenance, and any future remediation needed to satisfy Wisconsin DNR closure requirements represent costs that those pre-1986 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.