Dry-cleaning operations at this property date to approximately 1930, with Stoddard solvent underground storage tanks in use through the early 1970s and tetrachloroethylene (PCE) drum storage beginning in 1985 and continuing through 1995. Groundwater sampling has revealed PCE concentrations as high as 19,000 µg/L — nearly four thousand times the enforcement standard — and the chlorinated volatile organic compound plume extends well beyond the property boundaries into adjacent streets, rights-of-way, and neighboring residential parcels. Wisconsin DNR has directed an extensive off-site vapor intrusion investigation at multiple surrounding residential properties, and the case remains active under the Environmental Remediation Program. 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 at this site began around 1930, placing more than five decades of solvent use and contaminating activity before the 1986 threshold. The ongoing groundwater remediation, off-site vapor intrusion assessment, and long-term monitoring required to address a plume of this magnitude represent future costs that those historical 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.