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.
A manufacturing facility at this property discharged polychlorinated biphenyls (PCBs) into the South Branch Manitowoc River, contaminating approximately 8.5 miles of waterway with PCBs in sediment, surface water, fish tissue, and overbank soils. Sediment sampling in 2014–2015 confirmed PCB concentrations exceeding the remedial action goal of 1 mg/kg total PCBs established under a 2018 Negotiated Agreement with Wisconsin DNR, and surface water results exceed NR 105 wildlife and human cancer criteria. An active fish consumption advisory remains in effect, and the site investigation report was approved in 2024 under the Wisconsin DNR Environmental Remediation Program. 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 PCB contamination at this site originated from manufacturing operations that ceased before 1979, when PCBs were banned, placing all contaminating activity decades before the 1986 threshold. The remediation of 8.5 miles of impacted waterway — including sediment cleanup to meet the negotiated action goal, overbank soil remediation, and long-term monitoring — represents a substantial future cost obligation 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.