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 operated as a refrigeration, air-conditioning compressor, and gasoline engine manufacturing facility for decades before closing in 2003, with manufacturing processes that used PCB-containing hydraulic fluids discharged via sewer lines to the Sheboygan River. Initial soil testing at the adjacent Rochester Park detected PCBs as early as 1978, and subsequent investigation has revealed surface soil PCB concentrations as high as 3,430 mg/kg in the park — prompting the Wisconsin Department of Health Services to declare it a public health hazard in July 2023. The site is part of the Sheboygan River & Harbor Superfund Site, listed on the National Priorities List in 1986, with contaminated river sediments and floodplain soils throughout the Upper and Lower Sheboygan River addressed under CERCLA Consent Decrees and ongoing Wisconsin DNR Environmental Remediation Program oversight. 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.
Manufacturing operations at this property generated PCB-containing discharges for decades before 1986, with contamination first detected in adjacent park soils as early as 1978 and subsequent investigations revealing surface soil PCB concentrations severe enough for the Wisconsin Department of Health Services to declare a public health hazard in July 2023. The ongoing and future costs of remediating contaminated park soils, river sediments, and floodplain areas — along with continued investigation and long-term monitoring under CERCLA and Wisconsin DNR Environmental Remediation Program oversight — are obligations that liability carriers insuring the businesses that operated here before 1986 may be required 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.