This property has a documented history as an industrial and manufacturing facility going back to 1911. 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.
Industrial operations at this property date to at least 1911, when a hydroelectric power plant was established, followed by a manufactured gas plant that converted coal to gas from approximately 1912 through 1949, producing coal tar, sludges, oils, and polycyclic aromatic hydrocarbons (PAHs). Automobile service and repair facilities operated on-site from approximately 1926, and the property also housed crude oil underground storage tanks and served as a historical fill site established before 1970. Groundwater sampling has confirmed exceedances of Wisconsin DNR NR 140 standards for naphthalene, tetrachloroethylene (PCE), and trichloroethylene (TCE), and sediment sampling in the adjacent Yahara River has identified PAH contamination matching the manufactured gas plant fingerprint. Wisconsin DNR has expanded the Environmental Remediation Program investigation to include the Yahara River after an oily sheen was observed on the river in October 2023. 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.
The manufactured gas plant and associated industrial operations at this site began more than seven decades before 1986, with coal-to-gas conversion, automotive service, and petroleum storage all occurring well within the pre-1986 window. The expanded groundwater investigation, Yahara River sediment assessment, and remediation of coal tar and chlorinated solvent contamination across multiple media 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.
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.