This property has a documented history as a facility associated with PFAS-containing materials going back to 1962. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
Firefighting foam (AFFF) testing and fire training operations began at this property in approximately 1962, with fluorosurfactant blending operations added in the mid-1970s. PFAS compounds have been detected in shallow groundwater beyond the site's barrier wall at concentrations exceeding both USEPA health advisory levels and Wisconsin DHS recommended enforcement standards, prompting private well sampling and the development of an alternative water management plan. Contamination has also reached the Menominee River through stormwater outfalls, with PFOA measured at 75–190 ppt and PFOS at 11–30 ppt, and more than 260,000 cubic yards of arsenic-contaminated sediment were dredged from the river between 2012 and 2015. The site remains an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation into PFAS in groundwater, sediment, soil, and surface water. 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.
Why Historical Insurance Policies May Be Accessible
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.
Firefighting foam manufacturing and testing operations at this site began in the early 1960s and continued through the mid-1980s and beyond, placing more than two decades of PFAS-generating activity squarely in the pre-1986 window. The extensive groundwater investigation, sediment assessment, stormwater remediation, and long-term monitoring required to address PFAS and arsenic contamination across this complex site 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.