This property has a documented history as a landfill going back to 1951. 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.
Foundry sand fill was deposited across this property from 1951 to 1963, creating a seven-to-nine-foot layer of waste material containing elevated concentrations of polycyclic aromatic hydrocarbons (PAHs) and metals that exceed regulatory standards. A car dealership operated on a portion of the property from the mid-1960s through the late 1980s, with three underground storage tanks removed in 1991 and petroleum contamination confirmed at the time of removal. Groundwater sampling has identified tetrachloroethylene (PCE) and PAHs above NR 140 Enforcement Standards, and the Wisconsin DNR has required additional sampling rounds to establish plume stability before the site investigation can be approved. 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.
Foundry sand containing PAHs and metals was deposited across this property from 1951 to 1963, and fueling operations involving underground storage tanks began in the mid-1960s — placing decades of contaminating activity well before 1986. The ongoing groundwater investigation, additional sampling rounds required by the Wisconsin DNR to establish plume stability, and future remediation under the Environmental Remediation Program represent costs that the historical carriers insuring these 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.
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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.