This property has a documented history as a landfill going back to 1950. 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 is underlain by municipal incinerator ash deposited as fill material in the 1950s, with geotechnical borings from 1971 and 1975 documenting ash and cinder fill extending two to eight feet below ground surface and containing foundry sand, glass, metal, and other debris. A 1990 Phase II/III Environmental Reconnaissance confirmed elevated arsenic and lead in the fill, along with polychlorinated biphenyls (Aroclors 1254 and 1242) at concentrations up to 11.3 mg/kg. Groundwater sampling has detected polycyclic aromatic hydrocarbons at all four temporary monitoring points, with chrysene exceeding the NR 140 Enforcement Standard, and off-site soil investigation is planned on adjacent properties to assess potential cross-boundary migration of the historical fill contamination. The site is an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation by environmental consultants. 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.
Municipal incinerator ash was deposited as fill at this property in the 1950s, with geotechnical borings in 1971 and 1975 confirming ash and cinder fill containing foundry sand, glass, metal, and other debris — placing the operations responsible for this contamination more than three decades before 1986. The ongoing groundwater investigation, planned off-site soil assessment to evaluate cross-boundary migration of historical fill contamination, and remediation of PCB- and metals-laden fill under Wisconsin DNR Environmental Remediation Program oversight represent future costs that CGL carriers insuring the businesses that operated 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
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.