This property operated as a landfill during the 1960s, receiving non-combustible solid materials including ash, concrete, metals, rubber, plastic, and tires, with wastes covered by minimal soil before the site sat unused until the early 1990s. Wisconsin DNR opened the case in 1980 and classified the site as a Historical Waste Site in 2003, with investigation confirming a broad contamination profile — metals, polycyclic aromatic hydrocarbons (PAHs), polychlorinated biphenyls (PCBs), trichloroethylene (TCE), tetrachloroethylene (PCE), volatile organic compounds, methane, and per- and polyfluoroalkyl substances (PFAS). Off-site methane migration has been documented, PFAS sampling in 2026 returned actionable levels, and groundwater monitoring wells have been installed. Wisconsin DNR has directed further assessment of potential surface water and sediment impacts both on-site and off-site. 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.
Landfill operations at this site occurred during the 1960s, placing the contaminating disposal activity more than two decades before 1986. The extensive investigation and remediation work ahead — including groundwater monitoring, off-site methane mitigation, PFAS assessment, and surface water and sediment evaluation under Wisconsin DNR Environmental Remediation Program oversight — represents 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.