This property has a documented history as an industrial and manufacturing facility predating 1986. 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 historic fill containing foundry sand, slag, and industrial waste consistent with Milwaukee's mid-twentieth-century foundry and manufacturing operations. Soil testing has confirmed the presence of polychlorinated biphenyls (PCBs, banned nationally in 1979), polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), and metals including arsenic and lead at hazardous concentrations. A 2023 Phase II investigation confirmed groundwater contamination, with multiple PAH compounds — including benzo(a)pyrene, benzo(b)fluoranthene, and benzo(k)fluoranthene — exceeding Wisconsin NR 140 Preventive Action Limits and Enforcement Standards in temporary monitoring wells, and molybdenum and arsenic also exceeding groundwater standards. Hazardous lead soil removal and additional site investigation are underway as part of an active Wisconsin DNR Environmental Remediation Program case. 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.
Foundry and manufacturing operations at this property deposited industrial fill containing PCBs, PAHs, VOCs, and hazardous concentrations of arsenic and lead decades before 1986, with the national ban on PCBs in 1979 confirming that the contamination originated entirely within the pre-1986 period. The ongoing hazardous soil removal, continued site investigation, groundwater remediation to address PAH and metals exceedances of Wisconsin NR 140 standards, and long-term monitoring required to achieve Wisconsin DNR Environmental Remediation Program closure represent future costs that the pre-1986 liability insurers of the businesses that operated here 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.