This property hosted a grey iron foundry from 1946 to 1950 followed by a secondary lead smelter recycling waste lead-acid batteries from 1950 to 1975, generating extreme soil contamination — lead concentrations up to 210,000 mg/kg and arsenic up to 450 mg/kg in fill material composed of foundry sand, cinders, and smelting slag. Smokestack fallout carried lead contamination onto residential properties south of the facility, with concentrations up to 1,850 mg/kg confirmed across 226 sampled residential parcels, and battery acid was discharged through city storm sewers into the Kinnickinnic River during operations. The U.S. EPA conducted a time-critical removal action in 2017–2018, excavating more than 550 tons of contaminated soil from residential properties and public rights-of-way, and the site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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.
From 1946 through 1975, foundry and secondary lead-smelting operations at this property generated extreme soil contamination — with lead concentrations up to 210,000 mg/kg on site and smokestack fallout confirmed across hundreds of neighboring residential parcels — placing all contaminating activity squarely before 1986. The ongoing site investigation, remediation of on-site and off-site contamination, and long-term monitoring required to achieve Wisconsin DNR Environmental Remediation Program closure represent substantial future costs that the historical insurers of the businesses that operated here 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.
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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.