Dry-cleaning operations on this property began in the 1930s and continued until 1970, using tetrachloroethylene (PCE) as the primary cleaning solvent. PCE has been detected in groundwater at concentrations exceeding 2,000 µg/L, with trichloroethylene (TCE) and vinyl chloride — both PCE degradation products — also present above Wisconsin NR 140 enforcement standards. Chlorinated solvent vapors have migrated off-site through utility corridors, prompting the installation of a vapor mitigation system at a neighboring property, and the U.S. EPA completed a preliminary assessment in 2022 evaluating the site for potential National Priorities List consideration. 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.
Dry-cleaning operations at this property began in the 1930s and ran for approximately four decades, placing the entire period of contaminating activity well before 1986. The groundwater remediation, ongoing off-site vapor mitigation, and further investigation required under both Wisconsin DNR and EPA oversight — including response to recently confirmed PFAS detections — 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.