This property operated as a landfill with a history of waste disposal that the Wisconsin DNR has designated as historic contamination. Boron and sulfate — contaminants consistent with landfill leachate — have been confirmed in groundwater and have migrated beyond the property boundary, prompting the site's enrollment in the Wisconsin DNR Environmental Remediation Program in late 2024. Investigation into the full extent of groundwater contamination and offsite migration is underway. 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.
Landfill operations and waste disposal at this property occurred before 1986, during the years when the businesses that operated here generated the contamination that the Wisconsin DNR has since confirmed in groundwater. The ongoing groundwater investigation, offsite migration assessment, and remediation required to address boron and sulfate contamination under the Environmental Remediation Program represent 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.
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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.