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ROBERT E. LEE & ASSOCIATES, INC. v. PETERS

No. 95-2884.

209 Wis.2d 437 (1997)

563 N.W.2d 546

ROBERT E. LEE & ASSOCIATES, INC., Plaintiff, v. David J. PETERS, individually, and Peters Service Center, Inc., Defendants-Third-Party Plaintiffs-Counter-Defendants-Fifth-Party Plaintiffs-Sixth Party Plaintiffs. v. CARL KLEMM, INC., d/b/a Klemm Tank Lines, a Wisconsin corporation, Third-Party Defendant-Fourth-Party Plaintiff-Counter-Plaintiff-Respondent-Cross Appellant, GREAT WEST CASUALTY COMPANY, Fourth-Party Defendant-Appellant-Cross-Respondent, INTEGRITY MUTUAL INSURANCE COMPANY, Fifth-Party Defendant, Richard CISLER, Sixth-Party Defendant.

Court of Appeals of Wisconsin.

Decided March 18, 1997.

Attorney(s) appearing for the Case

On behalf of Great West Casualty Company, the cause was submitted on the briefs of Thomas L. Schober and Thomas V. Rohan of Schober & Ulatowski, S.C. of Green Bay.

On behalf of David J. Peters and Peters Service Center, Inc., the cause was submitted on the briefs of Warren Wanezek and Frank W. Kowalkowski of Soquet, Wanezek, Umentum & Jaekels, S.C. of Green Bay.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Great West Casualty Company, the liability carrier for Carl Klemm, d/b/a Klemm Tank Lines, Inc. (Klemm), a petroleum transporter, appeals an order declaring coverage under its comprehensive general liability (CGL) policy in a lawsuit arising out of a gasoline spill.1 The circuit court decided that Great West's endorsement MCS-90, a federally required financial responsibility provision, negated the pollution exclusion clause...

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