This property has a documented history as a facility associated with PFAS-containing materials going back to 1942. Historical insurance policies issued during operations at this property and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property has operated continuously as a military airfield since its construction in 1942, with fire training areas in operation since at least 1970 and aqueous film-forming foam (AFFF) fire suppression systems installed in multiple hangars. A 2,000-gallon JP-4 jet fuel spill in March 1981 prompted a foam response that likely involved AFFF based on its historic use at the installation. PFAS contamination has been confirmed at extreme levels across all nine investigation areas on the property, with PFOS and PFOA concentrations at boundary monitoring wells exceeding the USEPA Drinking Water Health Advisory by nine to ten times, and a Phase I investigation concluded that contaminated groundwater is very likely present off-site to the south and east. 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.
Why Historical Insurance Policies May Be Accessible
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.
Military airfield operations and AFFF use at this installation date to at least the early 1970s — more than a decade before 1986 — with the facility itself in continuous operation since 1942. The ongoing PFAS investigation, groundwater assessment to determine the full extent of contamination migration, and remediation work ahead under Wisconsin DNR oversight represent substantial future costs that 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.