AMCAST INDUSTRIAL CORP. v. AFFILIATED FM INS. CO.

No. 96-2968.

221 Wis.2d 145 (1998)

584 N.W.2d 218

AMCAST INDUSTRIAL CORPORATION, Plaintiff-Appellant, v. AFFILIATED FM INSURANCE COMPANY, Defendant, CONTINENTAL CASUALTY COMPANY , Employers Insurance of Wausau, Nationwide Mutual Insurance Company, Employers Reinsurance Corporation, Pacific Employers Insurance Company, First State Insurance Company, Hartford Accident and Indemnity Company, Highlands Insurance Company, International Insurance Company, United States Fire Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA, Defendants-Respondents, UNITED STATES FIDELITY AND GUARANTY COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided July 29, 1998.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Ann Wightman, D. Jeffrey Ireland and Thomas R. Kraemer of Faruki, Gilliam & Ireland, P.L.L. of Dayton, Ohio; and Kim Grimmer and Jeanette Lytle of Solheim, Billing & Grimmer, S.C., of Madison.

On behalf of the defendant-respondent Continental Casualty Company, the cause was submitted on the brief of Stephen Sonderby and Peter G. Bora of Haskell & Perrin of Chicago, Illinois; and Raymond J. Pollen of Crivello, Carlson, Mentkowski & Steeves of Milwaukee.

On behalf of defendants-respondents Employers Insurance of Wausau and Nationwide Mutual Insurance Company, the cause was submitted on the briefs of Michelle K. Enright and Daniel S. Weiss of Zelle & Larson, LLP of Minneapolis, Minnesota; and Timothy J. Strattner of Schellinger & Doyle, S.C., of Brookfield.

On behalf of defendant-respondent Employers Reinsurance Corporation, the cause was submitted on the brief of Craig W. Nelson of Nelson, Dries & Zimmerman, S.C., of Brookfield; and Kimball Ann Lane and Frances Phillips of Luce, Forward, Hamilton & Scripps of New York, New York.

On behalf of the defendant-respondent Pacific Employers Insurance Company, the cause was submitted on the brief of Craig W. Nelson of Nelson, Dries & Zimmerman, S.C., of Brookfield; and Elizabeth T. Jozefowicz of Cohn & Russell of Chicago, Illinois.

On behalf of defendants-respondents First State Insurance Company and Hartford Accident and Indemnity Company, the cause was submitted on the joinder brief of Paul J. Pytlik of Otjen, Van Ert, Stangle, Lieb & Weir, S.C., of Milwaukee; and Louis G. Adolfsen and Susan M. Chesler of Melito & Adolfsen, P.C., of New York, New York.

On behalf of defendant-respondent Highlands Insurance Company, the cause was submitted on the brief of Paul W. Schwarzenbart of Lee, Kilkelly, Paulson & Kabaker, S.C., of Madison.

On behalf of the defendants-respondents International Insurance Company and United States Fire Insurance Company, the cause was submitted on the brief of James M. Fredericks of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

On behalf of defendant-respondent National Union Fire Insurance Company of Pittsburgh, PA, the cause was submitted on the brief of Margaret J. Orbon, Brenda D. McNamara and Edward M. Kay of Clausen Miller, P.C., of Chicago, Illinois; and Thomas A. Piette of Piette & Jacobson of Milwaukee.

On behalf of the Wisconsin Policyholders Association, there was an amicus curiae brief by Mary K. Braza, Michael D. Flanagan and Lisa S. Neubauer of Foley & Lardner of Milwaukee.

On behalf of the Wisconsin Insurance Alliance and Insurance Environmental Litigation Association, there was an amicus curiae brief by Robert C. Burrell and R. Jeffrey Wagner of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee; and of counsel Laura A. Foggan, Marilyn E. Kerst and Mary E. Borja of Wiley, Rein & Fielding of Washington, D.C.

Before Snyder, P.J., Nettesheim and Anderson, JJ.


SNYDER, P.J.

Amcast Industrial Corporation appeals from the trial court's grant of summary judgment to numerous insurance companies that provided comprehensive general liability insurance and/or excess or "umbrella" coverage to Amcast.1 The trial court determined that City of Edgerton v. General Casualty Co., 184 Wis.2d 750, 517 N...

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