This property has a documented history as a landfill going back to 1920. 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 originated as a sand and gravel borrow pit in the 1920s and was subsequently filled with refuse — including foundry sand, broken bottles, municipal and household waste, and waste grain mash from nearby commercial brewing operations — through the late 1940s or early 1950s. Fill materials extending 8.5 to 18 feet deep contain brick fragments, foundry residue, cinder, wood, glass, concrete, porcelain, fabric, and organic matter. Groundwater sampling from multiple monitoring wells has confirmed trichloroethylene (TCE) above Wisconsin NR 140 Preventive Action Limits and Enforcement Standards, with vinyl chloride and benzene also detected, and sub-slab depressurization systems have been installed in residential buildings to address confirmed vapor intrusion. The site is an active Wisconsin DNR Environmental Remediation Program case with site investigation work underway. 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.
Landfilling operations at this property began in the 1920s and continued through the early 1950s, placing all waste disposal activity — including deposits of foundry sand, municipal refuse, and commercial brewing waste — well before 1986. The ongoing site investigation, residential vapor-intrusion mitigation, groundwater monitoring, and remediation required under the Wisconsin DNR Environmental Remediation Program represent future costs that historical 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.