This property has a documented history as an industrial and manufacturing facility going back to 1890. 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.
Industrial operations at this Superior, Wisconsin property date to the late 1800s, when the site was used for charcoal production and blast furnace operations; by 1912, a coal briquette manufacturing plant was established on the dock and operated through the 1960s before being demolished in the early 1970s. The dock was constructed by filling St. Louis Bay circa 1907 for open-air coal storage, and petroleum product storage and transfer operations also occurred at and adjacent to the property for decades, leaving sitewide fill material containing coal, metals, and polycyclic aromatic hydrocarbons (PAHs). Groundwater investigations have documented arsenic concentrations exceeding Wisconsin NR 140 enforcement standards by up to 20 times, benzene exceedances in multiple monitoring wells, and a free-product petroleum plume with measured thicknesses exceeding seven feet, while contaminated sediment in St. Louis Bay has triggered a Great Lakes Legacy Act remediation project with USEPA. 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 petroleum handling operations at this property began in the late 1800s and continued for nearly a century before 1986, placing the contaminating activities squarely within the pre-1986 window. The scope of work ahead — including groundwater remediation, LNAPL recovery, sediment cleanup in St. Louis Bay, shoreline stabilization, and ongoing seep and groundwater monitoring under Wisconsin DNR oversight — represents 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
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.