This property has been in municipal and industrial use since before 1903, with Sanborn Fire Insurance Maps documenting a city tool house, storage facilities, a municipal incinerator, repair shops, gas tanks, and pump islands operating at the site through the 1960s. Fill materials containing polycyclic aromatic hydrocarbons (PAHs) and metals are present sitewide, consistent with decades of those operations, and groundwater sampling has confirmed exceedances of Wisconsin NR 140 standards for petroleum volatile organic compounds (PVOCs), PAHs, and filtered metals. In August 2024, Wisconsin DNR denied a closure request and directed additional site investigation, including assessments for sediment contamination, vapor intrusion, and emerging contaminants. 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.
Municipal and industrial operations at this property — documented by Sanborn Fire Insurance Maps as early as 1903 and continuing through the 1960s — generated the fill materials, PAHs, metals, and petroleum compounds found sitewide decades before 1986. The additional site investigation, sediment and vapor intrusion assessments, emerging contaminant evaluations, and remediation that Wisconsin DNR's Environmental Remediation Program now requires represent substantial future costs that the historical carriers for those pre-1986 operations 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.