This property has a documented history as a landfill going back to 1980. 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 used as a fill site beginning circa 1980, accepting excess gravel and construction debris from nearby residential development, with fill materials extending 21 to 35 feet deep across the southeast portion of the property. Polycyclic aromatic hydrocarbons (PAHs) and metals including arsenic, cadmium, and lead have been detected in fill soils at concentrations exceeding residual contaminant levels and background threshold values. Groundwater sampling confirmed that benzo(a)pyrene, benzo(b)fluoranthene, and chrysene exceed NR 140 Enforcement Standards, and dissolved lead exceeds preventive action limits, prompting Wisconsin DNR to deny the no-action-required request and require full investigation and remediation under NR 700. 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 that introduced contaminated materials to this property began circa 1980, placing all contaminating activity squarely before 1986. The full NR 700 site investigation and remediation now required by Wisconsin DNR — including groundwater monitoring, contaminant delineation, and remedial action — represent future costs that those historical 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.