Historic fill materials were placed at this property between approximately 1906 and 1937, raising the ground surface by as much as 20 feet with anthropogenic materials including brick, foundry slag, coal, and other urban and industrial debris. Polycyclic aromatic hydrocarbons (PAHs), lead, and arsenic — contaminants consistent with early 20th-century fill practices — have been confirmed in both fill soils and groundwater, with January 2026 monitoring-well sampling showing multiple exceedances of Wisconsin NR 140 preventive action limits for benzo(a)pyrene, benzo(b)fluoranthene, chrysene, lead, and arsenic. The site is an active Wisconsin DNR Environmental Remediation Program case, with site investigation completed and further remediation work ahead. 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 fill placement that introduced contamination to this property occurred entirely before 1986, spanning the first several decades of the 20th century. The ongoing groundwater monitoring, additional investigation, and remediation required to address PAH, lead, and arsenic contamination under Wisconsin DNR oversight 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.
Stay up to date on environmental property cleanup laws and changes.
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.