This property has a documented history as an industrial and manufacturing facility going back to 1890. Historical insurance policies issued during those prior operations and through 1986 could help fund the ongoing cleanup and groundwater monitoring obligations that Wisconsin DNR continues to oversee.
This property has been in continuous industrial and commercial use since before the 1890s, with documented operations including a brass and aluminum foundry (at least 1957–1983), a lumber yard, railroad freight yard, filling station, paper napkin factory, and metal works. A fuel oil underground storage tank associated with the foundry office building is the source of petroleum impacts characterized as historic and localized, and urban fill across the site contains industrial byproducts from decades of operations. Groundwater sampling across multiple monitoring wells in 2020 and 2022 confirmed exceedances of Wisconsin NR 140 Enforcement Standards for benzene, ethylbenzene, xylenes, arsenic, lead, and polycyclic aromatic hydrocarbons (PAHs), with the Fox River approximately 70–240 feet north and Lake Winnebago roughly 930 feet east of the site. 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.
Industrial and commercial operations at this property span more than a century, with the foundry, fuel storage, and other contaminating activities all well established before 1986. The ongoing groundwater investigation, site remediation, and environmental monitoring required under Wisconsin DNR LUST program oversight — particularly given the proximity of the Fox River and Lake Winnebago — represent future costs that those 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
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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.