This property has a documented history as an industrial and manufacturing facility going back to 1883. 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 1883, beginning with large-scale sawmill operations in the 1890s and progressing through lumber processing, hardboard manufacturing (1956), and printing operations (1968). Multiple underground storage tanks predating 1986 — including 15,000- and 28,000-gallon fuel oil tanks, a 12,000-gallon diesel tank, and a 4,000-gallon chemical tank — were present on site, and the facility was classified as a large-quantity generator of ignitable and nonhalogenated solvent hazardous waste. A 2022 Phase II Environmental Site Assessment confirmed groundwater exceedances of Wisconsin NR 140 Preventive Action Limits for benzene, chrysene, benzo(a)pyrene, benzo(b)fluoranthene, and barium across multiple temporary wells, and the property borders Elk Lake and Duroy Lake with stormwater routing toward those water bodies. 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 date back to 1883, with large-scale sawmill processing beginning in the 1890s, hardboard manufacturing starting in 1956, and printing operations commencing in 1968, while multiple underground storage tanks — including 15,000- and 28,000-gallon fuel oil tanks, a 12,000-gallon diesel tank, and a 4,000-gallon chemical tank — were installed and operated throughout these pre-1986 decades alongside large-quantity hazardous waste generation. The future investigation, groundwater remediation, and long-term monitoring required under the Wisconsin DNR Environmental Remediation Program — including addressing confirmed NR 140 Preventive Action Limit exceedances for benzene, chrysene, benzo(a)pyrene, benzo(b)fluoranthene, and barium across multiple well locations and protecting adjacent Elk Lake and Duroy Lake resources — represent ongoing costs that the CGL 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.