This property was built in 1967 specifically for dry-cleaning operations, which continued for nearly two decades before 1986 and generated tetrachloroethylene (PCE) contamination at extremely high concentrations in soil — up to 164,000 µg/kg — along with daughter products including trichloroethylene (TCE), cis-1,2-dichloroethylene, and trans-1,2-dichloroethylene. Groundwater contamination has migrated onto neighboring properties, with PCE exceeding Wisconsin's NR 140 Enforcement Standard, and a vapor intrusion mitigation system was installed at an adjacent residence in 2024 after vapor action levels were exceeded at multiple surrounding properties. Wisconsin DNR's December 2025 review of the site investigation report directed additional off-site soil and groundwater sampling to the east and west, as well as sanitary sewer vapor sampling beneath the adjacent right-of-way, and the groundwater plume extends vertically through dense clay to at least 33 feet below ground surface. 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 property began in 1967 and ran for nearly two decades before 1986, placing the origin of chlorinated solvent contamination squarely within the pre-1986 window. The extensive off-site investigation, additional groundwater and vapor sampling directed by Wisconsin DNR, ongoing vapor mitigation at adjacent properties, and eventual site remediation represent substantial future costs that those pre-1986 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.