This military installation has been operational since World War II, with aqueous film-forming foam (AFFF) used extensively across at least nine identified areas on the base beginning in the 1960s. A former fire training area and settling ponds that operated from before 1960 through 1995 are among the primary sources of per- and polyfluoroalkyl substances (PFAS) contamination, with PFOS, PFOA, and PFBS confirmed above Wisconsin DNR screening levels in groundwater at multiple locations across the installation. Groundwater plumes extend across significant portions of the base with undefined downgradient extents suggesting potential off-base migration, and the site remains an active Environmental Remediation Program case under Wisconsin DNR oversight. 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.
Operations at this military installation began using aqueous film-forming foam for fire training and suppression as early as the 1960s, with AFFF-related contamination originating more than two decades before 1986. The ongoing groundwater investigation, plume delineation, assessment of potential off-base migration, and remediation required to achieve Wisconsin DNR closure standards under the Environmental Remediation Program represent future costs that historical 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.
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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.