This property has a documented history as an industrial and manufacturing facility predating 1986. 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 bulk coal and lime storage facility with a railroad spur supporting industrial operations, activities that predate 1986 and are documented in a 2024 Phase I Environmental Site Assessment. Soil investigations have identified polycyclic aromatic hydrocarbons (PAHs), arsenic, lead, mercury, and selenium in fill material consistent with decades of coal storage and industrial use, with multiple samples exceeding Wisconsin NR 720 groundwater protection residual contaminant levels. Groundwater sampling from temporary wells has confirmed the presence of anthropogenic contaminants including 2-methylnaphthalene, naphthalene, and toluene, demonstrating an active leaching pathway from contaminated soils into groundwater. 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.
Bulk coal and lime storage operations supported by a railroad spur were conducted at this property well before 1986, as documented in a 2024 Phase I Environmental Site Assessment. The ongoing site investigation, remediation of fill material contaminated with PAHs, arsenic, lead, mercury, and selenium, and cleanup of groundwater impacted by naphthalene and other anthropogenic contaminants under Wisconsin DNR Environmental Remediation Program oversight represent future costs that Commercial General Liability carriers insuring 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.
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.