This property was the site of a manufactured gas plant built before 1900, with coal gasification operations spanning decades through the mid-twentieth century before the gas holders were dismantled in the 1960s. Coal tar impacts have been identified in soils at depths of 5 to 27 feet near the Manitowoc River and within the footprints of former gas holder structures, with volatile organic compounds (VOCs) and polycyclic aromatic hydrocarbons (PAHs) confirmed as byproducts of the historical gasification process. Contamination has migrated into Manitowoc River sediments — extending more than 200 feet downstream and to depths of 13 feet below the river bottom — and oil sheens have been observed on the river's surface, with groundwater monitoring wells in place since 1988. The site is listed on the National Priorities List and is under both EPA and 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.
Manufactured gas operations at this property began before 1900 and continued for decades, placing the contaminating activity entirely within the pre-1986 window. The sediment remediation in the Manitowoc River, ongoing groundwater monitoring, and the investigation and cleanup of coal tar impacts across multiple properties represent substantial 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.