This property operated as a manufactured gas plant from the late 1800s through the mid-1900s, producing coal gas and leaving behind polycyclic aromatic hydrocarbons (PAHs) and volatile organic compounds (VOCs) characteristic of that industrial process. Contamination extends well beyond the property boundaries — benzene, naphthalene, PAH, and iron plumes are tracked across 22 monitoring wells and 11 piezometers, and sediment contamination has been confirmed in the Wisconsin River through ongoing five-year sampling events. The site has been listed on the National Priorities List since 2006, with documented contamination on adjacent municipal property, public parkland, and neighboring institutional grounds. Investigation and remediation work continues under the Wisconsin DNR Environmental Remediation Program. 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 site began in the late 1800s and continued through the mid-1900s, placing the contaminating industrial activity decades before 1986. The extensive groundwater monitoring network, periodic sediment sampling in the Wisconsin River, and ongoing remediation required to address contamination that has migrated 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.
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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.