This property has a documented history as a landfill going back to 1946. 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.

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.

Incinerator operations and disposal of historic fill material at this property began before 1949 and continued for decades prior to 1986, producing soil contamination from PCBs, PAHs, and metals as well as benzene in groundwater above the NR 140 Enforcement Standard. The ongoing groundwater monitoring, implementation of engineering and institutional controls under the approved remedial action plan, and any additional remediation required to achieve Wisconsin DNR closure standards 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.