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 served as a landfill where fill material consisting of soil mixed with brick, asphalt, coal, and coal slag was deposited prior to 1986, and a historical petroleum spill in the parking lot area further contributed to site contamination. Polycyclic aromatic hydrocarbons (PAHs) have been detected in groundwater above Wisconsin NR 140 Preventive Action Limits and Enforcement Standards, and RCRA metals and PAHs exceed NR 720 residual contaminant levels in soil. A prior closed BRRTS case at the same property confirms the site's extended contamination history, and the current case is an active Wisconsin DNR Environmental Remediation Program investigation with an approved Site Investigation Report. 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 fill material and petroleum contamination at this site were deposited prior to 1986, placing the contaminating activity within the pre-1986 window. The remediation of soil and groundwater contamination — including addressing PAH and metals exceedances under Wisconsin DNR oversight — represents future costs that those historical 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.