A manufactured gas plant at this property was built in 1888 and produced gas using the Springer process from 1889 through 1904, generating coal tar, polycyclic aromatic hydrocarbons (PAHs), and gas purification wastes over 15 years of operation. After production ceased, the site continued as a gas storage and distribution facility through at least the 1950s. PAH-contaminated sediments have been confirmed in a slip in Superior Bay adjacent to the site, and groundwater monitoring wells have detected PAH and BTEX compounds. A Remedial Action Plan was approved in 2022, and supplemental sediment investigation continues under Wisconsin DNR Environmental Remediation Program oversight. 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.
Gas manufacturing operations at this property began in 1889 — nearly a century before 1986 — and the site remained in active gas-related use through at least the 1950s, placing the entire contaminating history well within the pre-1986 window. The ongoing sediment remediation in Superior Bay, groundwater monitoring, and the remediation work required under the approved Remedial Action Plan represent 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.