This property has been in continuous use since at least the 1890s, with Sanborn maps from 1894 and 1910 documenting its early operational history and a school building constructed on site in 1921. Historical fill material containing polycyclic aromatic hydrocarbons (PAHs), RCRA metals including lead, arsenic, barium, cadmium, and selenium, and foundry sand is present site-wide, deposited during construction and grading activities that predate 1986. A 7,500-gallon fuel oil underground storage tank used for heating was removed in 1993, and dissolved arsenic has been detected in groundwater exceeding Wisconsin NR 140 preventive action limits in multiple monitoring wells. The site is an active Wisconsin DNR Environmental Remediation Program case with a Site Investigation Report and Remedial Action Options Report submitted. 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.
The contamination at this property originated from facility operations and fill placement dating to at least the 1890s, with Sanborn maps from 1894 and 1910 documenting early use and historical fill containing polycyclic aromatic hydrocarbons, RCRA metals, and foundry sand deposited during construction and grading activities that all predate 1986. The ongoing Wisconsin DNR Environmental Remediation Program case requires continued groundwater monitoring for dissolved arsenic exceeding NR 140 preventive action limits, remediation of site-wide soil contamination, and implementation of the corrective measures identified in the Remedial Action Options Report — substantial future costs that the liability 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.
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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.