A dry-cleaning facility operated at this property from 1948 until approximately 1981, using Stoddard solvent as the primary cleaning compound — stored in 55-gallon drums outside the building and transferred via hose — with perchloroethylene (PCE) also used briefly in a second unit. A solvent spill from the dry-cleaning unit's solvent tank and a 6,000-gallon fuel oil underground storage tank installed around 1955 contributed to soil and groundwater contamination now documented in a volatile organic compound plume tracked by multiple monitoring wells. Vapor intrusion investigations at an adjacent off-site apartment complex confirmed migration of contaminants beyond the property boundary, with indoor air sampling conducted from 2016 through 2022. PFAS has also been detected in groundwater at temporary monitoring wells near the Ahnapee River approximately 250 feet from the property, and Wisconsin DNR has requested additional sampling of river sediment and surface water. 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 Stoddard solvent and PCE began at this site in 1948 and continued through 1981, placing more than three decades of contaminating activity squarely in the pre-1986 window. The ongoing groundwater monitoring, off-site plume delineation, vapor intrusion mitigation, and PFAS investigation under Wisconsin DNR Environmental Remediation Program 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.