This property has a documented history as a landfill 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 operated as a landfill before a major shopping center was constructed on the site in the 1950s and 1960s, placing waste disposal activities well before 1986. Trichloroethylene (TCE) and other chlorinated solvents consistent with historical landfill waste disposal have been confirmed in soil, groundwater, soil gas, and sub-slab vapor, with vapor intrusion documented in multiple on-site commercial buildings. The site is an active Wisconsin DNR Environmental Remediation Program case, with investigation and remediation work continuing to address contamination that was first identified during a 2006 redevelopment assessment and has been the subject of multiple related regulatory actions since the early 1990s. 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.
Waste disposal operations at this property date to its use as a landfill in the decades before a major commercial redevelopment in the 1950s and 1960s, placing the contaminating activities well before 1986. The ongoing vapor intrusion investigation, remediation of trichloroethylene and other chlorinated solvents in soil, groundwater, and sub-slab vapor, and continued compliance obligations under the Wisconsin DNR Environmental Remediation Program represent future costs that the historical pre-1986 carriers for 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.