This property has been in commercial use since at least 1941, with dry-cleaning operations conducted on-site from at least 1969 through 1973. A Phase II Environmental Site Assessment confirmed releases of tetrachloroethylene (PCE) and its breakdown product trichloroethylene (TCE) to soil and groundwater from those historical dry-cleaning operations. Groundwater sampling has revealed chlorinated volatile organic compounds exceeding both Wisconsin DNR Preventive Action Limits and Enforcement Standards, sub-slab vapor concentrations of PCE exceed Vapor Risk Screening Levels, and monitoring wells are proposed on adjoining properties to delineate the extent of off-site plume migration. 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 that released tetrachloroethylene and trichloroethylene into soil and groundwater were conducted at this property from at least 1969 through 1973, well before 1986. The ongoing groundwater investigation, vapor intrusion evaluation, installation of monitoring wells to delineate off-site plume migration, and remediation work required under the Wisconsin DNR Environmental Remediation Program represent future costs that the pre-1986 carriers for the businesses that operated here 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.