A dry-cleaning facility operated at this property from approximately 1984 through 2021, using tetrachloroethylene (PCE) and trichloroethylene (TCE) as cleaning solvents. Groundwater monitoring has confirmed PCE concentrations exceeding Wisconsin NR 140 enforcement standards by more than thirty times across multiple monitoring wells, and chlorinated solvent vapors have migrated into adjacent commercial units, with sub-slab concentrations exceeding Wisconsin DNR vapor response screening levels as recently as January 2024. A vapor mitigation system was installed in 2019 and remains operational, and the site is an active Wisconsin DNR Environmental Remediation Program case with ongoing investigation and remediation. 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 chlorinated solvents began at this property in approximately 1984, placing the origin of PCE and TCE contamination before 1986. The extensive groundwater remediation, continued vapor mitigation system operation, and additional investigation required to achieve Wisconsin DNR closure standards 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.