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 was the site of a manufactured gas plant that produced coal gas during the 19th and early-to-mid 20th centuries, with operations already ceased by the time the Wisconsin DNR case was opened in 1976. Contaminants derived from coal gasification — including polycyclic aromatic hydrocarbons (PAHs), benzene, naphthalene, and dense non-aqueous phase liquid (DNAPL) — have been confirmed across an extensive groundwater monitoring network of eleven wells, with 2024 sampling showing benzene at 154 times the NR 140 Enforcement Standard and naphthalene at 13 times its standard. A steel sheet-pile barrier wall and slurry wall have been installed to contain contamination and prevent migration toward the Beaver Dam River, and an active groundwater collection and treatment system currently discharges to the local publicly owned treatment works. 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.
Coal gas manufacturing at this site took place entirely before 1986, with the plant already closed by the mid-1970s, placing all contaminating operations squarely in the pre-1986 window. The ongoing groundwater treatment, barrier wall maintenance, DNAPL recovery, and long-term monitoring required under Wisconsin DNR Environmental Remediation Program oversight represent substantial future costs that those 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.
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.