Manufacturing operations at this property began in 1974, with the facility continuously producing film, tape, coatings, optical, and personal care products since its construction. Historical fire extinguisher training conducted on-site used solvents as fuel and fire suppression chemicals including aqueous film-forming foam (AFFF), and AFFF-based fire suppression systems were installed within the facility buildings. Groundwater sampling across multiple monitoring wells has confirmed per- and polyfluoroalkyl substance (PFAS) contamination at elevated concentrations — PFOS readings as high as 1,500 ng/L and PFHxS at 1,800 ng/L — with groundwater flowing west toward an unnamed tributary to Lake Menomin. The site is an active Wisconsin DNR Environmental Remediation Program case, with further investigation recommended to assess potential PFAS migration to surface water. 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 and fire-training operations at this facility began in 1974, placing more than a decade of PFAS-generating activity before the 1986 threshold. The ongoing groundwater investigation, surface water assessment, and long-term PFAS remediation required to address contamination across the site 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.