This property has a documented history as an industrial and manufacturing facility going back to 1890. 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 along the Fox River has been in industrial use since before 1890, with documented operations including a railroad spur and freight yard (1903–1957), a plywood warehouse (circa 1960–1971), and boat building (1971–1974). Historic fill deposited over decades of industrial development extends six to ten feet below ground surface and contains elevated concentrations of RCRA metals (arsenic, chromium, lead), polycyclic aromatic hydrocarbons (PAHs), and volatile organic compounds (VOCs). Groundwater sampling has confirmed benzo(b)fluoranthene above the Wisconsin NR 140 Preventive Action Limit, with groundwater flow directed northeast toward the Fox River. The site is an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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 — including railroad and freight yard use from 1903 to 1957, plywood warehousing from approximately 1960 to 1971, and boat building from 1971 to 1974 — all took place decades before 1986, depositing historic fill containing RCRA metals, PAHs, and VOCs that now extend six to ten feet below ground surface and have impacted groundwater flowing toward the Fox River. The ongoing site investigation, soil remediation, groundwater monitoring, and environmental compliance work required under the Wisconsin DNR Environmental Remediation Program represent future costs that the historical 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
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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.