Dry cleaning operations at this property began in 1932 and continued for more than five decades through at least the mid-1980s. Tetrachloroethylene (PCE) was detected in 11 of 13 soil samples collected during a 2016 investigation, exceeding Wisconsin residential cleanup levels, and trichloroethylene (TCE) and cis-1,2-dichloroethylene were also found above groundwater pathway standards. Chlorinated solvent vapors have migrated off-site through groundwater and preferential pathways including sewer lines, prompting a Wisconsin DNR Vapor Intrusion Zone investigation that has expanded to multiple neighboring properties with access requests, fact sheets, and indoor air sampling. The site remains an active Environmental Remediation Program case with ongoing groundwater sampling, vapor intrusion assessment, and neighborhood-wide investigation under DNR oversight. 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 began at this property in 1932 and continued through at least 1986, placing more than five decades of contaminating activity squarely in the pre-1986 window. The expanding vapor intrusion investigation across neighboring properties, ongoing groundwater monitoring, and the remediation work required to address off-site solvent migration 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.