This property served as an industrial facility for decades before 1986, with operations consistent with paper and pulp manufacturing that included wastewater lagoons, a fire fighting training area, and legacy sludge handling infrastructure. Soil investigations have confirmed PCBs — substances banned nationally in 1979 — along with chlorinated solvents (TCE, PCE, 1,1,1-trichloroethane), PAHs, benzene, toluene, and metals in contaminated historic fill across portions of the property. Groundwater sampling from 15 monitoring wells revealed extensive PFAS contamination, with combined PFOA and PFOS concentrations exceeding the Wisconsin NR 809.20 maximum contaminant level of 70 ng/L in 12 wells and reaching as high as 2,671 ng/L. The site is an active Wisconsin DNR Environmental Remediation Program case, with ongoing investigation into potential contaminant discharge to the Fox River via southeast-trending groundwater flow. 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.
The presence of PCBs — manufactured only before their 1979 federal ban — and the legacy industrial infrastructure across this property confirm that contaminating operations occurred decades before 1986. The extensive PFAS groundwater investigation, evaluation of potential Fox River discharge pathways, and the remediation work ahead under Wisconsin DNR oversight represent substantial future costs that those historical 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.