A manufactured gas plant operated at this property for many years during the first half of the 20th century, as confirmed by a 1945 Sanborn fire insurance map and Wisconsin DNR site records. Coal tar, polycyclic aromatic hydrocarbons (PAHs), benzene, and naphthalene have been detected in soil, groundwater, and sediment, with a dissolved-phase groundwater plume extending approximately 1,700 feet south of the facility and covering roughly 10 acres. Contamination has migrated into Spring Brook — where DNAPL and coal tar residuals have been found in the stream banks, sheen has been observed on the water surface, and contaminated sediments are being actively removed — and soil vapor impacts have been confirmed on an adjacent property. The site remains an active Wisconsin DNR Environmental Remediation Program case with sediment removal remediation underway as of 2025. 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 property took place entirely during the first half of the 20th century, decades before 1986, and the coal tar and PAH contamination discovered in 1991 is directly attributable to those historical operations. The extensive remediation ahead — including groundwater plume treatment, continued sediment removal from Spring Brook, soil vapor mitigation, and long-term monitoring to meet NR 140 enforcement standards — represents substantial 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.