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 operated as a wood treating facility using pentachlorophenol (PCP) and chromated copper arsenate (CCA) for pressure-treating wood, with regulatory records documenting operations as early as 1976 and a hazardous substance discharge notification filed in 1980. PCP contamination in groundwater has been detected at concentrations up to 6,600 µg/L — more than 6,000 times the Wisconsin NR 140 Enforcement Standard — with light nonaqueous phase liquid (LNAPL) present in multiple wells and arsenic contamination confirmed in adjacent wetland sediments, where 6,300 cubic yards of contaminated material were excavated in 2023. A groundwater extraction and treatment system has been in operation since 2000, six private residential wells have been monitored since 2001, and dissolved PCP was discovered at depths beyond the existing monitoring network in 2023–2024, indicating that the full extent of the contamination plume remains under active investigation. 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 wood treating operations at this site were well established before 1986, with Wisconsin DNR regulatory involvement documented as early as 1976 and the contaminating use of PCP and CCA chemicals spanning decades of pre-1986 industrial activity. The ongoing groundwater extraction and treatment, expanded plume investigation, residential well monitoring, and future remediation required to reach Wisconsin DNR closure represent substantial 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.