This property has a documented history as an industrial and manufacturing facility going back to 1900. 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 has been in industrial use since the early 1900s, beginning as a malted milk manufacturing facility with a warehouse constructed in 1925 and confirmed on a 1933 Sanborn fire insurance map, followed by printing and lithography warehouse operations documented from 1950 through 1969. Surficial fill materials extending to five feet in depth contain polycyclic aromatic hydrocarbons (PAHs), arsenic, lead, and polychlorinated biphenyls (PCBs) consistent with decades of historic industrial fill placed well before 1986, and two 550-gallon underground storage tanks were removed in 2014. Groundwater sampling has confirmed exceedances of Wisconsin DNR preventive action limits for benzo(a)pyrene, benzo(b)fluoranthene, and chrysene, and estimated concentrations of cis-1,2-DCE and TCE have been detected in a permanent monitoring well. The site remains an open Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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.
Industrial operations at this property date to the early 1900s — beginning with malted milk manufacturing and a warehouse constructed by 1925, followed by printing and lithography warehousing from 1950 through 1969 — with contaminated fill materials placed across decades of activity well before 1986. The ongoing Wisconsin DNR Environmental Remediation Program investigation, soil remediation, exposure barrier installation, and long-term groundwater monitoring needed to address PAH, arsenic, lead, PCB, and chlorinated solvent contamination represent substantial 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.
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.