Dry-cleaning operations using perchloroethylene (PCE) were conducted at this property from approximately 1960 to 1985, with a 1999 Phase II investigation confirming PCE in groundwater at concentrations exceeding 200 µg/L and soil contamination in an area where dry-cleaning wastes were historically disposed. Groundwater monitoring across multiple wells has documented PCE at levels up to ten times the NR 140 enforcement standard, and degradation products including trichloroethylene (TCE) and cis-1,2-dichloroethylene have also been detected. Sub-slab vapor sampling confirmed PCE concentrations more than twice the vapor risk screening level, prompting installation of a vapor mitigation system in 2024, and a 2025 site investigation report identified the contamination source beneath the former dry-cleaning area of the building. 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.
The PCE contamination at this site originated from dry-cleaning operations that began around 1960 and continued through 1985, placing approximately 25 years of solvent use squarely in the pre-1986 window. The ongoing groundwater monitoring, vapor mitigation, and remediation work ahead under Wisconsin DNR Environmental Remediation Program oversight represent 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.