This property has hosted continuous industrial operations since at least 1910, including distilling, fertilizer manufacturing, and leather-to-fertilizer processing that continued through 2002. A Phase I Environmental Site Assessment identified five pre-1986 underground storage tanks, PCB-containing oils from historical operations, outdoor storage of chromium-treated leather, and a floor drain discharging directly to Lake Michigan. A twelve-well groundwater monitoring network has confirmed extensive contamination, with multiple wells exceeding Wisconsin NR 140 Enforcement Standards for chromium (up to 2,620 μg/L), arsenic (up to 110 μg/L), and ammonia (up to 1,518.6 mg/L), and soil sampling on the adjacent bluff face has detected chromium concentrations as high as 3,320 mg/kg along with hexavalent chromium and PAHs. Contaminated groundwater flows east toward Lake Michigan, and a pipe outfall has confirmed chromium and nitrate discharges reaching state surface waters. 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.
Industrial operations at this site span more than seven decades before 1986, with documented manufacturing activity from as early as 1910 through the mid-1980s and beyond. The extensive groundwater investigation, bluff-face remediation, Lake Michigan discharge mitigation, and long-term monitoring required under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that those 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.
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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.