A dry-cleaning facility operated at this Kenosha property for decades before 1986, using tetrachloroethylene (PCE) and trichloroethylene (TCE) as cleaning solvents. Soil sampling near the former dry-cleaning machine location revealed PCE concentrations as high as 200,000 µg/kg, and groundwater monitoring has confirmed PCE at 1,200 µg/L and TCE at 380 µg/L — far exceeding the Wisconsin enforcement standard of 5 µg/L for each compound. Contamination has migrated off-site, with environmental sampling and vapor intrusion assessments conducted at multiple neighboring properties, a sub-slab depressurization system installed at a neighboring property, and contamination confirmed in the City of Kenosha right-of-way along 40th Avenue. The site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and remediation work continuing. 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 were well established before 1986, with a 1969 Sanborn fire insurance map confirming commercial use at the location and soil contamination patterns consistent with decades of solvent releases. The ongoing groundwater remediation, off-site vapor intrusion monitoring, and remaining investigation and cleanup work under Wisconsin DNR oversight 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.