A coal processing and fuel manufacturing facility operated at this property from 1909 to 1985, crushing coal fines and mixing them with asphalt, pitch, petroleum resins, heavy oils, and coal tars as binders. The facility maintained large aboveground storage tanks (80,000 and 100,000 gallons) for binder substances, underground petroleum piping, and a 12,000-gallon petroleum storage tank, with petroleum spillages described as common throughout its operational history. Soil sampling in 1989 confirmed PAH compounds and elevated metals, and a 2025 Site Investigation Report documented fill soils containing coal slag, debris, and widespread PAH and metals contamination consistent with decades of industrial use. Groundwater monitoring has revealed exceedances of NR 140 standards for 1,2-dichloroethane, benzo(a)pyrene, benzo(b)fluoranthene, chrysene, arsenic, and benzene across multiple monitoring wells. 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 manufacturing operations at this site spanned from 1909 to 1985, placing more than seven decades of contaminating activity entirely within the pre-1986 window. The ongoing groundwater investigation, continued quarterly monitoring, and remediation work required to address widespread soil and groundwater contamination under Wisconsin DNR Environmental Remediation Program oversight represent future costs that those 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.