This property has been in commercial and industrial use since at least 1927, with documented operations including electrical contracting and commercial photography with associated darkroom chemical processing through 1970. Tetrachloroethylene (PCE) contamination — originating from lithographic printing operations that used chlorinated solvents at the adjacent property beginning in the late 1970s — has migrated to this site and been confirmed in groundwater at concentrations exceeding the NR 140 Enforcement Standard and in sub-slab vapor above the Residential Vapor Risk Screening Level. Historical groundwater sampling from 1997 recorded PCE at approximately seven times the Enforcement Standard near the property boundary, and the site remains an active Wisconsin DNR Environmental Remediation Program case with investigation and monitoring 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.
The industrial and commercial operations responsible for PCE contamination at this site — including lithographic printing with chlorinated solvents at the adjacent property — were active well before 1986, with the earliest operations at this property dating to at least 1927. The ongoing groundwater investigation, vapor intrusion assessment, and remediation work required to address PCE concentrations that continue to exceed Wisconsin DNR standards represent future obligations 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.