This property has a documented history as an industrial and manufacturing facility going back to 1868. 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 been in continuous industrial use since 1868, with documented operations including sawmill work, coal handling, bulk petroleum storage, and heavy manufacturing spanning more than a century before industrial activity ceased in the 1980s. A 1992 Phase II Environmental Site Assessment first confirmed contamination, and a 2020 Phase II ESA detected benzene, naphthalene, tetrachloroethylene (PCE), and 1,2,4-trimethylbenzene above Wisconsin DNR NR 140 Preventive Action Limits in groundwater, with chrysene exceeding the NR 140 Enforcement Standard. Polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), polychlorinated biphenyls (PCBs), per- and polyfluoroalkyl substances (PFAS), and dissolved metals including arsenic, barium, and lead have all been identified, and a 2021 Wisconsin DNR Site Investigation Review directed additional groundwater, vapor, sediment, and surface water assessment that remains ongoing. 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 1868 and continued through the 1980s, placing well over a century of contaminating activity squarely in the pre-1986 window. The extensive remaining investigation — including sediment assessment, vapor evaluation, surface water sampling, and continued groundwater monitoring under Wisconsin DNR Environmental Remediation Program 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
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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.