This property operated as a landfill from 1968 through 1989, accepting waste that included chlorinated solvents such as tetrachloroethylene (PCE), trichloroethylene (TCE), and vinyl chloride. Groundwater contamination was first identified in the early 1990s, and a vinyl chloride plume has since migrated westward beyond the landfill boundary, reaching private drinking water wells in the surrounding area. A groundwater extraction and treatment system operated from 1998 to 2016, and a supplemental site investigation submitted in late 2024 was not approved by Wisconsin DNR, prompting an additional investigation workplan in early 2026. 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.
Landfill operations at this property ran from 1968 through 1989, with chlorinated solvents — including tetrachloroethylene, trichloroethylene, and vinyl chloride — being disposed of throughout the eighteen years of activity that preceded 1986. With a vinyl chloride plume continuing to migrate offsite into private drinking water wells, Wisconsin DNR requiring additional investigation beyond the supplemental study submitted in late 2024, and further remediation and long-term groundwater monitoring still needed to achieve regulatory closure, the future costs of that remaining work represent obligations that the pre-1986 carriers of the businesses that operated here may be required 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.