A dry-cleaning facility has operated at this Eau Claire property since approximately 1983, using tetrachloroethylene (PCE) as its primary cleaning solvent. PCE contamination has migrated off-site to a neighboring property via a sanitary sewer line that serves as a preferential pathway, with soil gas concentrations of 244–441 µg/m³ PCE measured at the source property and sewer gas sampling confirming 141 µg/m³ PCE and 7.88 µg/m³ TCE in the shared utility corridor. The site is an active Wisconsin DNR Environmental Remediation Program case with vapor intrusion assessment and further investigation ongoing. 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 tetrachloroethylene (PCE) as the primary cleaning solvent have been conducted at this Eau Claire property since approximately 1983, placing the onset of solvent use and contamination well before 1986. The vapor intrusion investigation, sub-slab and indoor-air assessment, characterization of the sanitary sewer preferential pathway, and remediation required under the Wisconsin DNR Environmental Remediation Program to address PCE and TCE migration in soil gas and utility corridors represent future costs that pre-1986 carriers insuring the businesses that operated here 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.
Stay up to date on environmental property cleanup laws and changes.
Request more information on this property
Contact UsThis analysis is preliminary and based on publicly available records. Restorical Research is not a law firm and does not provide legal advice.