The west portion of this property operated as a golf course and country club from 1937 through 2023, while the east portion has been in agricultural use since at least 1937. Arsenic contamination in golf course greens and tee boxes is consistent with decades of arsenical pesticide and herbicide application — compounds such as lead arsenate and calcium arsenate that were widely used on golf courses and agricultural land before being banned in the 1970s and 1980s. Groundwater sampling across thirteen monitoring wells over four quarterly events in 2024 confirmed arsenic, chromium, and lead exceeding Wisconsin DNR Enforcement Standards, with additional exceedances for barium, cadmium, and selenium documented site-wide. PFAS compounds have also been identified above recommended concentration levels, and a Site Investigation Report and Remedial Action Options Report have been submitted 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.
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.
Golf course and agricultural operations at this property began in 1937 — nearly five decades before 1986 — with arsenical pesticides applied to greens, tee boxes, and cropland throughout a period when those compounds were in widespread use before being banned in the 1970s and 1980s. The site investigation, groundwater remediation, long-term monitoring, and materials management work required under the Wisconsin DNR Environmental Remediation Program — addressing arsenic, chromium, lead, and PFAS across both soil and groundwater — represent substantial future obligations 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.