A paper mill with decades of operational history produced specialty paper products using fluorochemical treatments known to contain per- and polyfluoroalkyl substances (PFAS), and industrial sludge from the facility was land-spread on agricultural fields in the surrounding township over a period documented back to at least 1996 and possibly earlier. The resulting PFAS contamination is extensive: more than 47 private wells have tested above safe levels, with PFOA concentrations reaching 45,300 ng/L, and drinking water advisories have been issued to affected residences within a four-mile radius where all 686 residents rely on private wells. PFAS has also been detected in multiple surface water bodies — including nearby creeks, lakes, and rivers — at concentrations exceeding Wisconsin surface water quality standards, and the site is an active Wisconsin DNR Environmental Remediation Program case with substantial investigation and remediation work 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.
Paper manufacturing operations at this property used fluorochemical treatments containing PFAS for decades before 1986, and industrial sludge from the facility was land-spread on surrounding agricultural fields over a period documented back to at least the mid-1990s, producing PFAS contamination now detected in more than 47 private wells and multiple surface water bodies across a four-mile radius. The ongoing and future work required under the Wisconsin DNR Environmental Remediation Program — including continued site investigation, groundwater treatment, private well mitigation for an affected area where all 686 residents rely on well water, surface water restoration to meet state standards, and long-term PFAS monitoring — represents costs that carriers insuring the businesses that operated here before 1986 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.