This property's industrial history dates to the early twentieth century, when it operated as a glue factory before being converted to residential use and ultimately razed by the 1920s. Historical fill material — including slag, asphalt, glass, and other debris — was deposited across the site during that era, introducing polycyclic aromatic hydrocarbons (PAHs) and RCRA metals into the subsurface. Groundwater sampling from three monitoring wells has confirmed PAHs and arsenic above Wisconsin NR 140 Preventive Action Limits, and the site remains an active Environmental Remediation Program case under Wisconsin DNR oversight. 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.
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 industrial operations and fill placement that introduced contamination to this property occurred in the early twentieth century — decades before 1986 — when the site functioned as a glue factory and later received slag, asphalt, glass, and other debris as historical fill. The ongoing groundwater investigation, site remediation, and any additional corrective measures required to achieve Wisconsin DNR Environmental Remediation Program 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.
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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.