SOCIETY INS. v. TOWN OF FRANKLIN

No. 98-3409.

233 Wis.2d 207 (2000)

2000 WI App 35

607 N.W.2d 342

SOCIETY INSURANCE, a Mutual Company, f/k/a Threshermen's Mutual Insurance Company, Plaintiff-Appellant, v. TOWN OF FRANKLIN, a Municipal Corporation, and Lemberger Sites Remediation Group, an Unincorporated Association, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 26, 2000.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James W. Mohr, Jr. of Mohr & Anderson, S.C., of Hartford.

On behalf of the defendants-respondents Town of Franklin, the cause was submitted on the brief of Thomas M. Pyper and Jeanne M. Armstrong of Whyte Hirschboeck Dudek, S.C., of Madison.

On behalf of the defendants-respondents Lemberger Sites Remediation Group, the cause was submitted on the brief of Mary K. Braza of Foley & Lardner of Milwaukee.

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


¶ 1. BROWN, P.J.

The question presented is whether an insured may aggregate coverage under multiple annual comprehensive general liability (CGL) policies for an ongoing occurrence that causes continuous property damage for a period spanning several years. The trial court determined that the insurer was on the risk for maximum liability for each year that a policy was in force. Thus, the insured municipality could stack...

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