This property has been in continuous commercial use since at least 1936, beginning as a gasoline service station and converting to a dry-cleaning facility between 1968 and 1972, with solvent-based dry-cleaning operations continuing through 1990. Tetrachloroethylene (PCE) and trichloroethylene (TCE) have been detected in groundwater at concentrations far exceeding Wisconsin DNR enforcement standards — PCE at 88 times and TCE at 96 times the applicable limits — and the contamination plume has migrated off-site, with TCE confirmed above the Vapor Action Level in an off-site residence and vapor intrusion investigations conducted at multiple neighboring properties. Off-site monitoring wells and a Phase II Environmental Site Assessment have confirmed the extent of contamination migration from the source property, and the site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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.
Gasoline dispensing and dry-cleaning operations at this property spanned more than five decades before 1986, with petroleum service beginning as early as 1936 and solvent-based cleaning operations commencing in the early 1970s, placing the contaminating activities squarely within the pre-1986 window. The extensive groundwater remediation, off-site vapor intrusion mitigation, and long-term monitoring required to address a contamination plume that has already reached neighboring residences 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.