This property has been in continuous industrial use since 1936, when quarrying and roofing granule production operations began. A former coloring wastewater disposal area on site reflects decades of industrial waste handling, and historically established monitoring wells confirm a long record of environmental concern. Groundwater sampling has revealed PFOA concentrations ranging from 41 to 1,200 ng/L and PFOS concentrations from 220 to 650 ng/L across multiple alluvial and bedrock monitoring wells, with PFAS also detected in production wells and surface stormwater basins. The site is an active Wisconsin DNR Environmental Remediation Program case, with a Site Investigation Workplan submitted and the formal investigation phase ahead. 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.
Industrial operations at this property — including quarrying and roofing granule production — began in 1936 and continued through decades of industrial waste handling well before 1986. The formal site investigation, groundwater remediation, and long-term PFAS monitoring required under the Wisconsin DNR Environmental Remediation Program represent substantial future costs that the CGL carriers of pre-1986 operators 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.