This property has a documented history as an industrial and manufacturing facility going back to 1880. 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 a documented industrial history dating to the late 1880s, with operations including lumber yards, freight rail shipping, and coal storage dock facilities. A Phase II Environmental Site Assessment identified five high-risk areas of concern, confirming PCBs in soil — a contaminant banned in 1979 — along with polycyclic aromatic hydrocarbons (PAHs) consistent with historical coal storage and tributyltin (TBT) from contaminated dredge spoil used to create filled land. PAH concentrations in groundwater exceed Wisconsin NR 140 Preventive Action Limits and Enforcement Standards at multiple locations, and benzo(a)pyrene levels exceed WPDES surface water discharge limits adjacent to St. Louis Bay. 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 operations at this property began in the late 1880s and continued for decades before 1986, placing the contaminating activity firmly within the pre-1986 window. The ongoing groundwater investigation, the Contaminated Groundwater Contingency Plan, and the remediation work required to address PCB, PAH, and TBT contamination under Wisconsin DNR Environmental Remediation Program oversight 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.