Industrial manufacturing operations at this property date to at least the 1960s, with water softener production and later brine tank manufacturing continuing through 1984, during which spent chlorinated solvents were routinely discharged onto the ground surface. Trichloroethylene (TCE), tetrachloroethylene (PCE), 1,1,1-trichloroethane (1,1,1-TCA), and other chlorinated solvents have produced an extensive groundwater plume, with TCE concentrations reaching 370 µg/L — more than 70 times the Wisconsin NR 140 enforcement standard. The contamination migrated into the Village of Deerfield's public drinking water supply, with chlorinated solvents detected in a municipal well in 1992, ultimately requiring the village to replace the impacted wells. An active groundwater pump-and-treat system has operated under Wisconsin DNR Environmental Remediation Program oversight since the late 1990s, extracting more than six million gallons of contaminated groundwater in 2025 alone. 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 chlorinated solvent contamination at this site originated from industrial degreasing and manufacturing operations conducted entirely before 1986, spanning more than two decades of pre-1986 activity. The ongoing pump-and-treat system operation, long-term groundwater monitoring, and remediation work required to address the extensive solvent plume 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.