This property has a documented history as a facility associated with PFAS-containing materials going back to 1950. 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 as a crude oil pipeline terminal since the 1950s, with PFAS contamination originating from the historical use of aqueous film-forming foam (AFFF) for fire suppression — a standard practice at petroleum terminals from the 1960s onward. PFOS concentrations in onsite stormwater ponds range from 42.8 to 212 ng/L, far exceeding the Wisconsin Surface Water Quality Criteria of 8 ng/L, and PFOA exceeded the Industrial Direct Contact Residual Contaminant Level in 33 of 53 soil sampling locations. Offsite surface water sampling has confirmed PFAS migration beyond the property boundary, and the onsite ponds discharge intermittently to the Nemadji River, a state-owned public trust resource, while a groundwater assessment remains pending under the Wisconsin DNR Environmental Remediation Program. 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.
The petroleum terminal at this site has been in continuous operation since the 1950s, and the use of PFAS-containing AFFF for fire suppression at such facilities was standard practice throughout the pre-1986 period, placing the contaminating activity within that window. The ongoing site investigation — including the pending groundwater assessment, surface water monitoring, soil remediation across dozens of confirmed exceedance locations, and mitigation of PFAS migration to the Nemadji River — represents 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.
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
The Restorical Proven Process
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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.