This property operated as a shipyard facility in Superior, Wisconsin, with industrial operations dating well before 1986. Soil borings have revealed extensive historical fill material — including brick, slag, wood timbers, and debris with creosote odor — consistent with decades of heavy industrial use. Polychlorinated biphenyls (PCBs), polycyclic aromatic hydrocarbons (PAHs), and metals have been confirmed in soil, and groundwater contamination has been identified at the site. The site is an active Wisconsin DNR Environmental Remediation Program case, with investigation and remediation work continuing. 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.
Shipyard and industrial operations at this property were well established before 1986, with soil borings revealing extensive historical fill material — including brick, slag, wood timbers, and debris with creosote odor — along with confirmed PCB, PAH, and metals contamination consistent with decades of heavy industrial use predating that threshold year. The ongoing groundwater investigation, site remediation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program represent future costs that pre-1986 carriers for the businesses that operated here 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.