This property has a documented history as a dry cleaning facility predating 1986. Historical insurance policies issued during those prior operations and through 1986 could help fund the multi-phase investigation and remediation work ahead under Wisconsin DNR oversight.
This property has been in commercial use since at least 1918, with dry-cleaning operations producing tetrachloroethylene (PCE), trichloroethylene (TCE), and 1,1,1-trichloroethane (1,1,1-TCA) contamination that Wisconsin DNR has characterized as historic in origin. Sub-slab vapor sampling revealed PCE at 920,000 µg/m³ and TCE at 6,200 µg/m³, both massively exceeding Vapor Action Levels, while groundwater monitoring wells confirmed PCE at concentrations exceeding the NR 140 Enforcement Standard of 5 µg/l. Wisconsin DNR has identified potentially impacted off-site properties, and the Site Investigation Work Plan proposes vapor intrusion assessment at an adjacent commercial building as part of the ongoing Environmental Remediation Program investigation. 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.
Why Historical Insurance Policies May Be Accessible
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 presence of 1,1,1-TCA at elevated concentrations confirms that dry-cleaning operations at this property predate the 1990s Montreal Protocol phaseout, and Wisconsin DNR has characterized the contamination as historic in origin, placing the contaminating activity well before 1986. The off-site vapor intrusion investigation, groundwater remediation to meet NR 140 standards, and ongoing monitoring ahead 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.
What We Look For
- Historical insurance policies (pre-1986)
- Policy numbers, carrier names, and coverage periods
- Connection between contamination timing and policy period
- Evidence linking cleanup obligation to insured activity
What We Deliver
- Historical Coverage Chart
- Trigger Analysis & Property/Policy Nexus
- Coverage strategy with recommendations
- Insurance funding for your remediation
- Claims Management
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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.