This property has a documented history as a public works and maintenance facility going back to 1890. 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.
Contamination along a 2.6-mile corridor of STH 59 (National Avenue) in Milwaukee originates from historic trolley tracks and coal tar-based macadam pavement dating to the city's trolley system, which operated from the 1890s through 1958. A Phase 2.5 investigation found that 9 of 12 soil borings in the historic trolley track zone exceeded Wisconsin NR 720 Residual Contaminant Levels for metals, polycyclic aromatic hydrocarbons (PAHs), and volatile organic compounds (VOCs), and groundwater sampling at temporary well TW-2 confirmed arsenic and cadmium concentrations exceeding NR 140 Enforcement Standards. Wisconsin DNR has issued a responsible party letter and concurred with an excavation and landfill disposal plan for contaminated soil across multiple locations along the corridor. 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 along this 2.6-mile corridor of STH 59 originated from trolley operations and coal tar-based roadway construction that began in the 1890s and ceased by 1958, placing all contaminating activity decades before 1986. The excavation and landfill disposal of soils exceeding NR 720 Residual Contaminant Levels, groundwater remediation to address arsenic and cadmium concentrations above NR 140 Enforcement Standards, and long-term monitoring required under the Wisconsin DNR's concurred cleanup plan represent substantial 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
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.