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 along the Milwaukee River corridor is underlain by up to 15 feet of historic urban fill — ash, slag, foundry debris, and contaminated soil — deposited during decades of industrial development and riverfront grading well before 1986. All nine soil borings conducted during the Phase II investigation confirmed fill material contaminated with polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds including benzene and tetrachloroethylene (PCE), and RCRA metals including arsenic and lead. Groundwater monitoring wells show PAH concentrations and arsenic levels exceeding Wisconsin NR 140 Preventive Action Limits, and the site has been designated a Historical Waste Site under the Wisconsin DNR Environmental Remediation Program. 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 industrial fill material underlying this property originated from heavy manufacturing and riverfront grading operations that predated 1986 by decades, placing the source of contamination squarely in the pre-1986 window. The site investigation, groundwater remediation, and long-term monitoring required to address contamination across this property — including protections for the adjacent Milwaukee River — represent 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
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.