This property has a documented history as a public works and maintenance facility going back to 1961. 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.
A municipal transfer operation ran at this property from 1961 to approximately 1987, during which time three underground storage tanks — a 10,000-gallon diesel UST, a 10,000-gallon gasoline UST, and a 2,000-gallon waste motor oil UST — were installed and operated before being closed in place in March 1987. Up to 27 feet of foundry sand fill from adjacent industrial operations dating to at least 1910 has been identified across the site, with PAH and lead concentrations exceeding NR 720 groundwater protection pathway standards at multiple locations. Groundwater sampling confirmed BTEX compounds exceeding NR 140 preventive action limits and enforcement standards, contaminated fill extends into the adjacent public right-of-way, and groundwater flows toward the Kinnickinnic River approximately 140 feet from the 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.
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 contaminating operations at this property — including UST use beginning in 1961 and foundry-related fill deposits from industrial activity dating to at least 1910 — place the origin of contamination decades before 1986. The ongoing site investigation, groundwater remediation, and management of contaminated fill under Wisconsin DNR Environmental Remediation Program oversight represent future costs that 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
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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.