CITY OF EDGERTON v. GENERAL CAS. CO.

No. 91-1408.

184 Wis.2d 750 (1994)

517 N.W.2d 463

CITY OF EDGERTON and Edgerton Sand & Gravel, Inc., Plaintiffs-Respondents, v. GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Appellant-Petitioner, WISCONSIN INSURANCE SECURITY FUND, Defendant, AETNA CASUALTY & SURETY COMPANY, Defendant-Co-Appellant-Petitioner, HANOVER INSURANCE COMPANIES, Wausau Insurance Companies and Local Government Property Insurance Fund, Defendants.

Supreme Court of Wisconsin.

Decided June 16, 1994.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Thomas N. Harrington, Heidi L. Vogt and Cooke & Franke, S.C., Milwaukee and oral argument by Thomas N. Harrington.

For the defendant-co-appellant-petitioner there were briefs by Thomas R. Schrimpf, Susan R. Tyndall and Hinshaw & Culbertson, Milwaukee and oral argument by Thomas R. Schrimpf.

For the plaintiffs-respondents there was a brief by James A. Olson, Steven J. Schooler and Lawton & Cates, S.C., Madison and oral argument by Steven J. Schooler.

Amicus curiae brief was filed by Paul R. Gurtler, Dunn County Corporation Counsel, Menomonie for Wisconsin Association of County Corporation Counsels.

Amicus curiae brief was filed by Robert C. Burrell and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee and of counsel Thomas W. Brunner, Laura A. Foggan, Marilyn E. Kerst, John C. Yang and Wiley, Rein & Fielding, Washington, DC for Insurance Environmental Litigation Association.

Amicus curiae brief was filed by Eric Englund, Madison for Wisconsin Insurance Alliance.

Amicus curiae brief was filed by Joseph J. Muratore, Jr. and Law Offices of Joseph J. Muratore, S.C., Racine and of counsel Thomas J. Dawson and Wisconsin Public Intervenor, Madison and Eugene R. Anderson, Robert M. Horkovich, Telma M. Grayson and Anderson, Kill, Olick & Oshinksy, P.C., New York, NY for Wisconsin Public Intervenor, Wisconsin's Environmental Decade, Samuels Recycling Company, Western Publishing Company, Inc., and S.C. Johnson & Son, Inc.

Amicus curiae brief was filed by Thomas C. Ewing, Douglas B. Clark, Mark D. Kunkel and Foley & Lardner, Madison for Wisconsin Policyholders Association.

Amicus curiae brief was filed by Steven E. Tinker, assistant attorney general, with whom on the brief was James E. Doyle, attorney general, for the State of Wisconsin.

Amicus curiae brief was filed by Curtis A. Witnyski, Legal Counsel, Madison for the League of Wisconsin Municipalities.

Amicus curiae brief was filed by David V. Meany and Michael, Best & Friedrich, Milwaukee and of counsel David M. Jones, John M. Edwards and Kirkpatrick & Lockhart, Boston, MA for National Association of Chemical Recyclers, Wisconsin Fabricare Institute, Inc., Petroleum Marketers Association of Wisconsin, Association of Environmentally Responsible Businesses and Wisconsin Automobile and Truck Dealers Association.

Amicus curiae brief was filed by Mark A. Dotson and Quarles & Brady, Milwaukee and Russell H. Carpenter, Jr., Saul B. Goodman, William F. Greaney, Adam M. Cole and Covington & Burling, Washington, D.C. for The American Petroleum Institute, The American Fiber Manufacturers Association and The Chemical Manufacturers Association.


JANINE P. GESKE, J.

This is a review of a published decision of the court of appeals, City of Edgerton v. General Cas. Co., 172 Wis.2d 518, 493 N.W.2d 768 (Ct. App. 1992), which affirmed in part and reversed in part a judgment of the circuit court for Rock County, John H. Lussow, Circuit Judge. The circuit court granted summary judgment to the plaintiffs, City of Edgerton (the City) and...

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