Dry-cleaning operations at this property from 1951 through 1972 released tetrachloroethylene (PCE) and trichloroethylene (TCE) into soil and groundwater, with contamination first discovered in 2012 during investigation of an adjacent site. Approximately 213 tons of contaminated source soil were excavated in 2017, but groundwater concentrations remain far above Wisconsin NR 140 Enforcement Standards — PCE has been measured at more than 180 times the standard and TCE at 18 times the standard. Vapor mitigation systems have been installed in the on-site building and an adjacent commercial property, and investigations have extended to the Shorewood Hills Village Hall, nearby commercial parcels, and a railway corridor. The site remains an active Wisconsin DNR Environmental Remediation Program case with continuing remediation obligations. 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 dry-cleaning operations that caused this contamination ran from 1951 through 1972, placing more than two decades of solvent use and release entirely within the pre-1986 window. The ongoing groundwater remediation, vapor mitigation at multiple buildings, and continued investigation of off-site migration represent substantial future costs that those historical 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.