This facility has been in continuous operation since 1945, with fire rescue services requiring the routine use of aqueous film-forming foam (AFFF) fire suppression systems beginning in the 1960s. Annual AFFF testing discharged an estimated 15–25 gallons of foam concentrate per year at a designated testing area, introducing per- and polyfluoroalkyl substances (PFAS) into the subsurface over decades of operations. PFAS has been detected at actionable levels in groundwater, including in the adjacent municipal well field serving 17 potable wells and in approximately eight private wells within 1,200 feet of the site. Multiple site investigations under Wisconsin DNR Environmental Remediation Program oversight have been underway since 2021 to delineate the extent of the PFAS groundwater plume. 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.
AFFF-based fire suppression operations at this facility began decades before 1986, with routine foam discharges introducing PFAS into soil and groundwater throughout the 1960s, 1970s, and beyond. The ongoing groundwater investigation, plume delineation, and remediation of PFAS contamination affecting the municipal well field and nearby private wells 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.