This property has a documented history as a public works and maintenance facility predating 1986. Historical insurance policies issued during operations at this property and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This site encompasses contaminated sediment in Howards Bay and St. Louis Bay within the St. Louis River Area of Concern, with upland soil and groundwater contamination in adjacent areas. The contamination — including polycyclic aromatic hydrocarbons (PAHs), lead, mercury, tributyltin (TBT), PCBs, and pesticides — is attributable to decades of industrial port operations dating to the late 1800s and historical stormwater runoff from an interstate highway bridge constructed in 1961. Shoreline expansion using non-native industrial fill introduced additional contaminants into the sediment, and multiple sediment assessment units exceed Wisconsin consensus-based sediment quality guidelines. The site is an active Wisconsin DNR Environmental Remediation Program case with remediation planning underway. 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 port operations at this property date to the late 1800s, and an interstate highway bridge constructed in 1961 has contributed stormwater-driven contamination to adjacent waterways, placing decades of contaminating activity well before 1986. The sediment remediation across multiple assessment units in this federally designated Area of Concern, along with upland soil cleanup, groundwater investigation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program, represent substantial future costs that pre-1986 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.