This property has served as a military airfield since the 1940s, with multiple areas where aqueous film-forming foam (AFFF) and other firefighting agents were discharged over decades of fire training, refueling, and equipment servicing operations. Records confirm AFFF releases at the former fire training area from 1945 through 1980, at the site of a 1978 aircraft crash, and at a secondary settling pond that operated from before 1960 until 1995. A 2024 direct-push technology investigation found PFOS and PFOA exceedances of screening levels in groundwater at numerous borings and monitoring wells across the installation, with contamination plumes not yet fully delineated and surface drainage flowing toward the Lemonweir River. 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-related operations at this facility began in the 1940s and continued through the mid-1980s, with documented foam discharges at the fire training area from 1945 through 1980, at the site of a 1978 aircraft crash, and at a settling pond that operated from before 1960 until 1995. The ongoing groundwater investigation, full delineation of PFOS and PFOA plumes across the installation, remediation of contaminated areas, and long-term monitoring under Wisconsin DNR Environmental Remediation Program oversight represent future costs that the pre-1986 carriers for the businesses that operated here 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.