HYDRITE CHEMICAL v. AETNA CAS. & SURETY CO.

Nos. 94-0032, 95-2840, 97-0719.

220 Wis.2d 26 (1998)

582 N.W.2d 423

HYDRITE CHEMICAL Co., and Avganic Industries, Inc., Plaintiffs-Appellants, v. The AETNA CASUALTY & SURETY Co., Affiliated Insurance Co., n/k/a Affiliated FM Insurance Co., American Casualty Co. of Reading, PA., American Motorist Ins. Co., Canadian Universal Ins. Co., Chicago Insurance Co., Continental Casualty Co., First State Ins. Co., First State Underwriters Agency of New England Reinsurance Corp., a/k/a New England Reinsurance Corp., Granite State Insurance Co., Great American Surplus Lines Insurance Co., a/k/a American Empire Surplus Lines Ins. Co., The Home Indemnity Company, Home Insurance Company, Integrity Insurance Company in Liquidation, Samuel F. Fortunato, Commissioner of Insurance of the State of New Jersey, and Michael Miron, in his capacity as Liquidator of Integrity Insurance Company, International Surplus Lines Ins. Co., Interstate Fire & Casualty Co., Northbrook Excess & Surplus Ins. Co., as predecessor to Allstate Insurance Company, Old Republic Ins. Co., Transcontinental Insurance Co., United States Fire Ins. Co., Walbrook Insurance Company Limited, Certain Underwriters at Lloyd's of London, and other companies, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 7, 1998.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Raymond F. Krueger, David V. Meany and Douglas P. Dehler of Michael, Best & Friedrich of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the briefs of Todd A. Becker, Richard G. Niess of Coyne, Niess, Schultz, Becker & Bauer, S.C. of Madison, and James K. Horstman, Anthony P. Katauskas and Mary A. Sliwinski of Williams & Montgomery, Ltd., of Chicago.

On behalf of the defendants-respondents, The Aetna Casualty and Surety Company, n/k/a Travelers Casualty and Surety Company, the cause was submitted on the brief of Thomas R. Schrimpf and Susan R. Tyndall of Hinshaw & Culbertson of Milwaukee.

Before Dykman, P.J., Roggensack and Deininger, JJ.


DYKMAN, P.J.

Hydrite Chemical Co. and Avganic Industries, Inc. (hereinafter "Hydrite") appeal from orders for summary judgment dismissing their insurance coverage action against the defendant insurance companies. Hydrite argues that the trial court erred in concluding that the insurers do not have a duty to indemnify Hydrite for the cost of investigating and remediating soil and groundwater contamination in the vicinity...

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