This property has a documented history as a landfill predating 1986. 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 was historically used for peat extraction, and fill materials — including concrete, asphalt, bricks, and glass — were deposited to fill the excavated voids at a site established before 1970 and never licensed by the Wisconsin DNR. Phase II Environmental Site Assessment sampling confirmed polycyclic aromatic hydrocarbons (PAHs), lead, and arsenic in soil at concentrations exceeding NR 720 Groundwater Pathway residual contaminant levels at multiple locations, and groundwater sampling detected PAHs — including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene — above NR 140 Preventive Action Limits. A hazardous substance discharge notification was filed with Wisconsin DNR in May 2022, and the site is now an active Environmental Remediation Program case with an approved Site Investigation Report. 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.
The fill operations responsible for contamination at this property occurred before 1970, placing the origin of the PAH, lead, and arsenic contamination more than fifteen years before 1986. The ongoing site investigation, groundwater assessment, and remediation work required under Wisconsin DNR Environmental Remediation Program oversight represent future costs that 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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
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.