This property was used as a sand and gravel quarry in the 1920s and 1930s, then operated as a landfill from the 1930s through the 1940s, receiving incinerator ash, cinders, industrial foundry sand, and brewery waste. Volatile organic compounds (VOCs), polycyclic aromatic hydrocarbons (PAHs), and RCRA metals have been confirmed in soil and groundwater as a result of those historical fill operations. Groundwater investigations have detected naphthalene above the NR 140 Enforcement Standard in off-site wells and vinyl chloride in on-site groundwater, with the contamination plume migrating toward the Milwaukee River approximately 350 feet to the west. The site was previously granted conditional closure but has been reopened by Wisconsin DNR under the Environmental Remediation Program due to insufficient vapor intrusion characterization, and a revised Site Investigation Report was submitted in January 2026. 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.
Landfill and fill operations at this property spanned from the 1930s through the 1940s, depositing incinerator ash, industrial foundry sand, and brewery waste more than four decades before 1986. The reopened site investigation, vapor intrusion characterization, groundwater remediation targeting VOCs and metals migrating toward the Milwaukee River, and long-term compliance monitoring required by Wisconsin DNR under the Environmental Remediation Program 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.