Fire training operations at this property discharged fuels, solvents, and aqueous film-forming foam (AFFF) containing per- and polyfluoroalkyl substances (PFAS) from 1945 through 1980, and settling ponds receiving AFFF-contaminated wastewater operated from before 1960 until 1995. Groundwater sampling has revealed PFOS concentrations exceeding Wisconsin DNR screening levels by more than 1,400 times, along with elevated PFOA and PFBS across multiple investigation areas. Contamination has migrated beyond property boundaries into off-site groundwater and surface water, and the site remains an active Wisconsin DNR Environmental Remediation Program case with investigation ongoing across multiple AFFF release areas. 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.
AFFF discharges containing PFAS began at this property in 1945 and continued for decades before 1986, with multiple areas of the installation contributing to releases throughout that period. The multi-area PFAS investigation, groundwater remediation, surface water assessment, and long-term monitoring required to address contamination both on and off the property 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.
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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.