This property was used for dry-cleaning operations using perchloroethylene (PCE) solvents for decades before the facility closed. A 1999 Phase II Environmental Site Assessment revealed extremely elevated PCE concentrations in soil — up to 33,000 µg/kg — along with chlorinated breakdown products including trichloroethylene (TCE) and cis-1,2-dichloroethylene (cis-1,2-DCE), confirming prolonged solvent use and environmental degradation. Groundwater contamination exceeding Wisconsin NR 140 Enforcement Standards has been documented since 1999, and vapor intrusion has been confirmed at multiple off-site properties, prompting an EPA Superfund removal action for off-site vapor investigation (2021–2023), a state-lead vapor response, and the installation of vapor mitigation systems and air treatment units in several adjacent tenant spaces. The site remains an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation and remediation. 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.
Dry-cleaning operations using PCE-based solvents were conducted at this property for decades before 1986, and the extreme soil concentrations and presence of chlorinated breakdown products confirm that contamination originated during that pre-1986 operational period. The extensive groundwater remediation, off-site vapor mitigation, and long-term monitoring required to achieve Wisconsin DNR closure standards represent substantial future costs that those pre-1986 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.