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 is located within an area of Glendale where historical fill soil and wastes were placed prior to development, with fill material extending 10 to 14 feet below ground surface over native soils. The fill contains elevated concentrations of polycyclic aromatic hydrocarbons (PAHs), lead, benzene, and volatile organic compounds consistent with legacy industrial fill predating 1986. Groundwater sampling at multiple monitoring wells has confirmed exceedances of Wisconsin NR 140 enforcement standards, including benzene at more than four times the enforcement standard, 1,4-dioxane at 37 times the enforcement standard, and elevated levels of 1,2-dichloroethane and naphthalene. The site is enrolled in the Wisconsin DNR Environmental Remediation Program, and additional investigation has been recommended. 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.
The contamination at this property originated from industrial fill material placed before 1986, when the businesses that operated here deposited waste fill extending up to 14 feet below ground surface containing elevated concentrations of PAHs, lead, benzene, and volatile organic compounds. The ongoing groundwater investigation, further characterization of fill material across the site, remediation work required to address NR 140 exceedances, and long-term monitoring under the Wisconsin DNR 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.
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
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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.