This property has operated as a fire foam testing and training facility since approximately 1961, with PFAS-containing aqueous film-forming foam (AFFF) concentrates — including C8 fluorosurfactants — tested continuously from the early 1960s onward. PFAS contamination has migrated well beyond the property boundaries, with groundwater impacts extending to the southeast, east, and northeast, approximately 140 private wells sampled, and sediment and surface water contamination confirmed in ditches draining to Green Bay. Wisconsin DNR has required interim action to address off-site PFAS migration via groundwater flow, and a remedial alternatives framework for soil and groundwater has been submitted as part of the ongoing Environmental Remediation Program investigation. 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.
PFAS-containing foam testing and fire training operations at this facility began more than two decades before 1986, with continuous use of AFFF concentrates from the early 1960s through the pre-1986 period. The extensive groundwater investigation, private well sampling, drinking water remediation, sediment cleanup, and long-term remediation of PFAS in soil and groundwater represent substantial future and ongoing 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.