This property has housed a dry-cleaning facility since the building's construction in 1960, with solvent-based cleaning operations using tetrachloroethylene (PCE) documented from at least the early 1970s. PCE and trichloroethylene (TCE) have been detected above Wisconsin DNR NR 140 Enforcement Standards in multiple monitoring wells, and the groundwater plume extends off-site to adjacent properties to the south, north, and east, with groundwater flowing toward the Fox River approximately 900 feet downgradient. A 2025 off-site investigation confirmed PCE concentrations above Enforcement Standards in temporary wells on neighboring properties, and vapor intrusion concerns have been identified at an adjacent affordable housing redevelopment site. 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 at this facility date to at least the early 1970s, placing more than a decade of contaminating activity before 1986. The ongoing groundwater investigation, off-site plume delineation, vapor intrusion assessment, and remediation work required under Wisconsin DNR Environmental Remediation Program oversight represent 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.