This property has a documented history as an industrial and manufacturing facility going back to 1928. 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.
Wood treating operations began at this property in 1928, with railroad cross ties and bridge timbers pressure-treated using creosote for nearly eight decades before operations ceased in 2006. Pentachlorophenol was also used at the facility from 1955 through 1979. Contamination has migrated well beyond the property boundaries — Crawford Creek streambed sediments are contaminated, free product has been documented in the creek, and decades of RCRA groundwater monitoring show exceedances of Wisconsin NR 140 enforcement standards. An off-site corrective action area has been identified, with data gap investigations and long-term care obligations continuing 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.
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.
Wood treating operations at this site began in 1928 and continued through the mid-1980s, placing nearly six decades of contaminating industrial activity squarely in the pre-1986 window. The ongoing groundwater monitoring, off-site sediment remediation, corrective action investigations, and long-term care obligations ahead 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.