This property has a documented history as a landfill going back to 1954. 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 during the mid-twentieth century, with the overlying shopping center opening in 1954 and the underlying disposal area classified by Wisconsin DNR as a historic landfill. Chlorinated solvents, including trichloroethylene (TCE), have been confirmed in groundwater and soil vapor — contaminants consistent with pre-1986 industrial disposal practices. Contamination was first identified during a 2006 redevelopment assessment, and the site is now an active Wisconsin DNR Environmental Remediation Program case with groundwater 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.
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.
Landfill disposal operations at this property date to the mid-twentieth century, with the overlying shopping center opening in 1954 and the underlying disposal area now classified by Wisconsin DNR as a historic landfill, placing all contaminating activity decades before 1986. The ongoing groundwater investigation, vapor intrusion assessment, and chlorinated solvent remediation required under the Wisconsin DNR Environmental Remediation Program represent future costs that carriers insuring 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.
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.