This property hosted burn pit operations from 1953 through 1987, during which fire suppression exercises were conducted 10 to 15 times per year using JP-4 jet fuel, kerosene, gasoline, diesel, waste oil, solvents, and hydraulic oil, along with PFAS-containing aqueous film-forming foam (AFFF). Groundwater sampling has revealed PFAS contamination far exceeding Wisconsin enforcement standards, with PFOA concentrations reaching 17,000 ng/L and PFOS at 3,000 ng/L, and the contamination plume remains incompletely delineated to the north and east. The site is an active Wisconsin DNR Environmental Remediation Program case, with source area interim remedial measures and performance monitoring underway. 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.
Burn pit operations at this property began in 1953 and continued for more than thirty years, placing decades of PFAS-generating activity squarely in the pre-1986 window. The ongoing groundwater investigation, plume delineation, interim remedial measures, and long-term monitoring ahead 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.