A motor and transformer repair facility operated from 1953 to 1986, discharging polychlorinated biphenyls (PCBs) and metals through surface water drainages and municipal sewer lines into the St. Louis River. Contaminated sediments have been confirmed in the river on the Wisconsin side in Superior, and the site is an active Wisconsin DNR Environmental Remediation Program case. Remedial action is proceeding under the Great Lakes Legacy Act in coordination with federal and state environmental agencies. 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.
The industrial operations that generated PCB and metals contamination began in 1953, with PCB discharges occurring throughout the pre-1986 period until the substances were banned under TSCA in 1979. The sediment remediation, ongoing investigation, and long-term monitoring required in the St. Louis River 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.
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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.