This property has been the site of PFAS-related manufacturing since approximately 1964, when blending and packaging of PFAS-containing aqueous film-forming foam (AFFF) began, with chemical processing of perfluorinated compound intermediates on the property since approximately 1983. Groundwater monitoring has confirmed very high PFAS concentrations, including PFOA at 1,800 parts per trillion and 6:2 FTS at 73,000 parts per trillion in shallow wells, with 6:2 FTS detected at 32,000 parts per trillion in bedrock groundwater. Contamination has migrated beyond the property boundary — groundwater outside the barrier wall discharges to the Menominee River, and PFAS in stormwater exceeds Wisconsin surface water standards for PFOA and PFOS, with U.S. Army Corps of Engineers sediment sampling in the river completed in 2025. With 38 monitoring wells sampled and additional wells approved, this is an active Wisconsin DNR Environmental Remediation Program case with a large-scale investigation underway. 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.
Manufacturing and blending of PFAS-containing products at this site began around 1964 — more than two decades before 1986 — with chemical processing operations established by the early 1980s, placing the origin of contamination firmly in the pre-1986 window. The extensive groundwater investigation, barrier wall maintenance, stormwater management, river sediment assessment, and ongoing remediation under Wisconsin DNR oversight 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.
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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.