This property operated as a manufactured gas plant from the mid-1800s through the 1950s, producing coal gas through a process that generated polynuclear aromatic hydrocarbons (PAHs) and other byproducts now confirmed in soil, groundwater, and Fox River sediments. Groundwater monitoring has identified PAH and petroleum volatile organic compound (PVOC) detections, and third-party notifications have been issued to neighboring property owners regarding confirmed contamination migration. The site is listed on the National Priorities List and is an active Wisconsin DNR Environmental Remediation Program case with a dedicated Sediment Operable Unit undergoing remedial investigation. 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.
Coal gasification operations at this property began more than a century before 1986 and continued through the 1950s, placing the contaminating industrial activity entirely within the pre-1986 window. The ongoing groundwater monitoring, sediment remedial investigation, and multi-phase remediation work ahead under both Wisconsin DNR and federal oversight represent substantial future costs that those historical 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.