This property has a documented history as an industrial and manufacturing facility 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 in Brookfield has confirmed groundwater contamination with tetrachloroethene (PCE) exceeding Wisconsin DNR NR 140 Preventive Action Limits in all three on-site monitoring wells, along with multiple polycyclic aromatic hydrocarbons — including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene — also above regulatory limits. The PCE contamination is attributed to long-standing industrial operations in the immediate area that predate 1986, and the site carries an open Environmental Remediation Program case with active remediation obligations including engineered cap maintenance, vapor intrusion evaluation, and institutional controls restricting future land use. A stormwater retention pond and three on-site wetlands represent additional environmental receptors affected by the groundwater plume. 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 tetrachloroethene and polycyclic aromatic hydrocarbon contamination confirmed at this Brookfield property originated from industrial operations that were well established before 1986. Ongoing engineered cap maintenance, vapor intrusion evaluation, groundwater monitoring, institutional controls restricting future land use, and the additional remediation work needed to satisfy Wisconsin DNR Environmental Remediation Program closure criteria represent future cost obligations that historical pre-1986 carriers insuring the businesses that operated here 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.