This property hosted large-scale industrial paper and pulp manufacturing operations with a history extending well before 1986, as confirmed by eight previously closed environmental incidents on the site dating back to April 1986 and by the presence of polychlorinated biphenyls (PCBs) in soil — a class of compounds banned nationally in 1979. Additional contaminants consistent with decades of industrial operations include arsenic, polycyclic aromatic hydrocarbons (PAHs), lead, and mercury, and groundwater sampling has revealed PAH concentrations exceeding Wisconsin NR 140 Enforcement Standards at five monitoring well locations, arsenic exceedances at two locations, and PFAS detections above applicable standards. A site investigation is actively underway under Wisconsin DNR Environmental Remediation Program oversight. 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.
Industrial paper and pulp manufacturing operations at this property were well established before 1986, as evidenced by a contaminant profile that includes PCBs — banned nationally in 1979 — along with arsenic, PAHs, lead, and mercury, and by a history of environmental incidents at the site dating back to April 1986. The ongoing site investigation under Wisconsin DNR Environmental Remediation Program oversight, groundwater remediation to address NR 140 Enforcement Standard exceedances at multiple monitoring well locations, and long-term monitoring and compliance obligations ahead represent substantial future costs that the 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.
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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.