This facility has been in continuous operation since the 1940s, with aqueous film-forming foam (AFFF) containing per- and polyfluoroalkyl substances (PFAS) used in firefighting training and emergency response activities at the property since the 1960s and 1970s. Chromium and lead have also been detected, consistent with decades of industrial operations predating 1986. Surface water testing at an on-site deicing fluid pond has confirmed PFAS contamination, and the site is an active Wisconsin DNR 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.
Operations at this facility began in the 1940s, and the use of PFAS-containing firefighting foam commenced decades before 1986, placing the contaminating activities squarely in the pre-1986 window. The ongoing PFAS investigation, surface water remediation, and long-term monitoring required under Wisconsin DNR oversight 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.