This property has a documented history as an industrial and manufacturing facility going back to 1885. 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 has been in industrial and municipal use since at least 1885, with documented operations including grain elevator and storage facilities dating to the early 1900s, petroleum storage with underground storage tanks from the same era, and fertilizer mixing and warehousing through the mid-2000s. Phase II investigation detected cadmium, chromium, lead, and polycyclic aromatic hydrocarbons (PAHs) in soil associated with urban fill placed in the late 1800s and early 1900s, and historic filling activities expanded the property eastward into Sturgeon Bay, placing contaminated material in direct contact with the Lake Michigan waterway. Groundwater contamination exceeds Wisconsin DNR NR 140 Enforcement Standards, soil exceeds NR 720 Residual Contaminant Levels, and post-remediation groundwater attenuation monitoring remains active under the 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.
Industrial and commercial operations at this property began more than a century before 1986, with grain handling, petroleum storage, and fertilizer operations spanning from the 1880s through the mid-1980s. The ongoing groundwater monitoring, contaminated fill assessment along the Sturgeon Bay waterway, and remediation work required to address metals, PAHs, and petroleum impacts in soil and groundwater represent 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.