This property operated as a manufactured gas plant from 1873 until at least 1940, using coal gasification processes including naphtha oil and water gas production, as documented by Sanborn fire insurance maps spanning 1892 through 1924. Polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), cyanide, and metals — characteristic byproducts of coal gasification — have been confirmed in soil, groundwater, and sediment, with 3,540 tons of PAH-impacted sediment excavated from Gothic Mill Pond in 2013–2014 and a geosynthetic clay liner barrier system installed. Groundwater monitoring has been ongoing since 2001, vapor intrusion has been investigated at adjacent residential properties, and a surface soil remedial action work plan was submitted in 2024 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.
Coal gasification operations at this site began in 1873 and continued for nearly seven decades, placing all contaminating activity more than four decades before 1986. The surface soil remediation now planned, ongoing groundwater monitoring, and any further investigation required to address residual contamination in soil, sediment, and groundwater 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.