This property operated as a paper mill from 1882 through 2016 — more than a century of continuous industrial use. A Phase I ESA confirms historical operations involving process buildings, a mill raceway, coal handling, and other hazardous substances, and fill materials containing coal, slag, brick, and wood shavings have been found across the property at depths up to six feet. Chlorinated solvents including tetrachloroethylene (PCE) and trichloroethylene (TCE) have been detected in soil, arsenic exceeds the NR 140 Enforcement Standard in groundwater monitoring wells, and lead and PCE exceed Preventive Action Limits at multiple well locations. The site is an active Wisconsin DNR Environmental Remediation Program case, with a Site Investigation Report submitted in late 2025 and off-site sampling recommended to evaluate the extent of volatile organic compound and arsenic migration toward the adjacent Fox River. 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 property began in 1882 and continued without interruption through 2016, meaning decades of paper milling, solvent use, coal handling, and other contaminating activities occurred well before 1986. The ongoing Wisconsin DNR Environmental Remediation Program investigation — including off-site delineation of arsenic and volatile organic compound migration toward the Fox River, remediation to meet NR 140 groundwater standards, and long-term monitoring of chlorinated solvents and heavy metals in soil and groundwater — represents substantial future costs that historical 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.