This property has a documented history as a facility associated with PFAS-containing materials going back to 1965. 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.
Fire training operations using aqueous film-forming foam (AFFF) began at this installation in the early 1980s, and a former landfill that operated from 1965 to 1989 received AFFF-contaminated soil during that period. PFAS investigations beginning in 2013, with systematic sampling from 2016 to 2018, have confirmed extensive contamination across multiple areas of concern. Groundwater plumes containing PFOS, PFOA, PFHxS, PFNA, and PFBS exceed Wisconsin DNR screening levels across 84 monitoring wells, and PFOS has been detected above screening levels in surface water in Suukjak Sep Creek and Silver Creek, as well as in stream sediment. The Wisconsin DNR issued a fish consumption advisory for Silver Creek in 2021, reflecting the extent of off-site contamination migration. 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.
AFFF use and landfill operations at this installation began decades before 1986, with contaminated soil placement documented as early as 1982 and landfill operations dating to 1965. The ongoing remedial investigation, groundwater monitoring across 84 wells, surface water and sediment assessment, and the remediation work ahead under Wisconsin DNR Environmental Remediation Program 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.
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
The Restorical Proven Process
Stay up to date on environmental property cleanup laws and changes.
Report Email Updates
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.