Dry-cleaning operations using tetrachloroethylene (PCE) were conducted at this property from the 1970s through approximately 1996, across multiple buildings — including a third structure between the east and west buildings that was destroyed by fire in 1990. A PCE and trichloroethylene (TCE) groundwater plume extends approximately 120 feet off-site to the east, with concentrations exceeding Wisconsin DNR enforcement standards at both on-site and off-site monitoring wells. Vapor intrusion assessments have been conducted at multiple neighboring residential and commercial properties, with vapor action levels and vapor risk screening levels exceeded, prompting ongoing Wisconsin DNR Environmental Remediation Program oversight. 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 1970s and continued through the mid-1980s, placing more than a decade of PCE-based solvent use squarely in the pre-1986 window. The ongoing groundwater remediation, off-site vapor intrusion monitoring, and compliance work required to address the migrating contaminant plume 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.