This property has served as an aviation facility since the 1940s, with decades of aircraft maintenance, fueling, and fire-training operations generating a complex contamination profile that includes PFAS compounds from AFFF firefighting foam, polycyclic aromatic hydrocarbons (PAHs), chlorinated solvents (TCE and PCE), and heavy metals. Groundwater sampling has confirmed PFOS concentrations at more than 55,000 times the Wisconsin enforcement standard, along with arsenic, lead, and chromium exceedances across multiple borings, and the Wisconsin DNR has flagged private drinking water wells in the surrounding area as potentially at risk for PFAS contamination. Surface water in an on-site basin also exceeds WDNR criteria for PFOS and PFOA, with historical discharge to a nearby creek during non-deicing months, and the site remains an active Environmental Remediation Program case with investigation and remediation work continuing. 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.
Aviation and aircraft maintenance operations at this facility began in the 1940s and continued through the pre-1986 period, with consultants confirming the contamination stems from historical releases rather than any ongoing discharge. The extensive groundwater and surface water investigation, vapor intrusion assessment for chlorinated solvents, and multi-contaminant remediation required under Wisconsin DNR oversight represent substantial future costs that those 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.