This property was the site of a manufactured gas plant that operated from the late 1800s through the early-to-mid 1900s, producing coal tar byproducts and other industrial waste over decades of operation. Polycyclic aromatic hydrocarbons (PAHs), volatile organic compounds (VOCs), metals, and tetrachloroethylene (PCE) have been confirmed in soil, groundwater, and Milwaukee River sediments, with dense and light non-aqueous phase liquids (DNAPL and LNAPL) detected as free product in multiple monitoring wells. A sheet pile wall was installed along the Milwaukee River in 2023 as part of sediment remediation, and the site-wide groundwater plume is still being defined as of 2026 under active 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 production at this site began in the late 1800s and continued well into the twentieth century, placing the contaminating operations decades before 1986. The ongoing groundwater investigation, sediment remediation along the Milwaukee River, and the substantial remediation work still ahead 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.