A former boat shop operated at this property on a commercial corridor in Elcho that has been developed since at least the 1920s, and Wisconsin DNR has identified the contamination as historic in origin. A Phase 2.5 Subsurface Investigation confirmed diesel-range organics (DRO), polycyclic aromatic hydrocarbons (PAHs including benzo(a)pyrene, benzo(b)fluoranthene, and chrysene), arsenic, and lead in soil, with contamination extending into the adjacent USH 45 public right-of-way at concentrations exceeding multiple Wisconsin regulatory standards. The site is an active Environmental Remediation Program case with investigation and remediation work continuing under Wisconsin DNR oversight. 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.
Commercial and industrial operations at this property — situated on a corridor developed since at least the 1920s — introduced diesel-range organics, metals, and polycyclic aromatic hydrocarbons into the soil decades before 1986. The continued investigation, soil remediation, and regulatory compliance work required under Wisconsin DNR's Environmental Remediation Program to address exceedances across the site and the adjacent USH 45 public right-of-way represent future costs that the historical carriers of the businesses that operated here before 1986 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.