This property has been used for the manufacturing of per- and polyfluoroalkyl substances (PFAS) since the 1950s, with contamination attributed to historic industrial operations at the facility. Soil and grab groundwater sampling confirmed PFAS at actionable levels, triggering a hazardous substance discharge notification to the Wisconsin DNR. The site is an active Environmental Remediation Program case, with investigation and remediation work continuing under Wisconsin DNR oversight. 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.
Manufacturing operations involving PFAS compounds began at this facility in the 1950s, placing more than three decades of contaminating activity before 1986. The investigation, remediation, and long-term groundwater monitoring required to address PFAS contamination at this site 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.