This property has hosted multiple industrial operations dating back to at least 1965, including a used wood pallet business, a scrap metal yard with documented 55-gallon drums and dumpsters, and an auto repair shop — all operating before or through the mid-1980s. The northern portion of the site was filled with seven to twelve feet of ash, cinders, and sand before 1963, and a two-acre parcel on the southern portion was used as a municipal landfill in the early 1970s. Phase II investigation confirmed groundwater exceedances of Wisconsin DNR Enforcement Standards and Preventive Action Limits for polycyclic aromatic hydrocarbons (benzo(a)pyrene, benzo(b)fluoranthene, chrysene) and dissolved metals including arsenic and barium. The site is an active Environmental Remediation Program case with a Site Investigation Work Plan approved in December 2025 and further investigation ahead. 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.
Industrial and disposal operations at this property — including ash and cinder fill placement before 1963, municipal landfill use in the early 1970s, and commercial activities such as scrap metal handling and auto repair — date back to at least the early 1960s, placing more than two decades of contaminating activity squarely before 1986. The ongoing site investigation, groundwater remediation needed to address exceedances of Wisconsin DNR Enforcement Standards for polycyclic aromatic hydrocarbons and dissolved metals such as arsenic and barium, and continued monitoring and compliance obligations under the Environmental Remediation Program represent substantial future costs that the historical carriers insuring those pre-1986 operations 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.