A dry-cleaning facility operated within a commercial mall at this location, and a 1991 Wisconsin DNR soil gas survey identified it as the source of chlorinated solvent contamination that had migrated into the local municipal water supply. Tetrachloroethylene (PCE) has been detected at concentrations up to 96.2 μg/L in on-site monitoring wells and up to 26.6 μg/L in municipal drinking water wells — more than five times the federal maximum contaminant level — affecting thousands of residents served by those wells. Trichloroethylene (TCE) and PFAS have also been confirmed in groundwater, and vapor mitigation systems have been installed at nearby residential properties to address off-site vapor intrusion affecting an estimated 44 single-family residences and one apartment building within the elevated PCE vapor zone. 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 timeline of contamination detected in municipal wells by the late 1980s demonstrates that dry-cleaning operations using chlorinated solvents were underway at this property well before 1986, as years of groundwater migration would have been required for contaminants to reach the municipal supply. The extensive ongoing and future remediation obligations — including groundwater treatment, vapor intrusion mitigation across dozens of residential properties, and long-term monitoring of the municipal water supply — represent 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.