Dry-cleaning operations were conducted at this Twin Lakes property for an estimated 27 to 37 years until approximately 1990, with the earliest start date placing operations as far back as 1953. Tetrachloroethylene (PCE) has been detected in groundwater at concentrations exceeding 5,200 times the Wisconsin enforcement standard, alongside elevated levels of trichloroethylene (TCE) and cis-1,2-dichloroethylene (cis-1,2-DCE). The chlorinated volatile organic compound plume extends more than 400 feet off-site, with cis-DCE and trans-DCE detected in six private potable wells downgradient of the facility. Vapor intrusion assessments have been conducted at neighboring properties, with Vapor Action Levels exceeded on-site, and the severity of contamination prompted an EPA Superfund Preliminary Assessment in 2022. 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 at this property began decades before 1986 and continued through the late 1980s, placing the contaminating activity squarely within the pre-1986 window. The extensive groundwater investigation, off-site well monitoring, vapor intrusion assessment, and remediation work required to address a plume of this magnitude represent substantial 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.