This property has a documented history as an industrial and manufacturing facility going back to 1920. 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 served as a coal-fired electrical generation facility from the 1920s through the 1980s, with coal handling infrastructure constructed prior to 1937 and multiple fuel oil aboveground storage tanks present from the 1930s through the late 1980s. Decades of coal combustion produced ash fill material across a substantial portion of the site, and investigations have confirmed polycyclic aromatic hydrocarbons (PAHs) and RCRA metals — including arsenic, lead, and selenium — in soil associated with that historical ash fill. Groundwater sampling from monitoring wells installed in 1993 and 2015 shows sulfate exceeding the NR 140 Enforcement Standard and boron exceeding the Preventive Action Limit, with the groundwater plume flowing toward Lake Michigan. The site remains an active Wisconsin DNR Environmental Remediation Program case with quarterly groundwater monitoring and ongoing remediation planning. 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 facility began in the 1920s and continued through the 1980s, spanning more than six decades of pre-1986 activity that produced the contamination now under investigation. The groundwater remediation, cap maintenance, continued monitoring, and compliance work required to satisfy Wisconsin DNR closure standards 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.