This property was acquired for industrial use in 1950 and has been in continuous operation since, with PFAS-containing compounds manufactured and used at the facility dating back to the 1950s. Two aqueous film-forming foam (AFFF) fire suppression systems containing PFAS operated on-site, and an investigative assessment has confirmed that PFAS concentrations in groundwater are attributable to legacy operations rather than a more recent release event. PFOS, PFOA, and PFHxS have been detected in groundwater at concentrations exceeding EPA Maximum Contaminant Levels, with the groundwater plume migrating toward Beaver Dam Lake and in proximity to residential properties, an elementary school, and a municipal water supply well. The site is an active Wisconsin DNR Environmental Remediation Program case, with a PFAS investigation work plan currently underway. 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.
Industrial operations involving PFAS compounds began at this facility in 1950 — more than three decades before 1986 — with AFFF fire suppression systems and manufacturing processes contributing to contamination throughout that pre-1986 period. The PFAS investigation, groundwater remediation, and ongoing monitoring near sensitive receptors including a public water supply well — all under Wisconsin DNR oversight — 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.