MT. PLEASANT v. HARTFORD ACCIDENT & INDEMNITY

No. 00-0480.

241 Wis.2d 327 (2001)

2001 WI App 38

625 N.W.2d 317

TOWN OF MOUNT PLEASANT, a Wisconsin Municipal Corporation, Plaintiff-Appellant, v. HARTFORD ACCIDENT AND INDEMNITY COMPANY and Twin City Fire Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided January 17, 2001.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Jeffrey Leavell and Michael R. Vescio of Jeffrey Leavell, S.C., Racine.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael R. Fitzpatrick of Brennan, Steil, Basting & MacDougall, S.C., and Robert S. Soderstrom, James R. Murray, and Eileen Sloan Newlin of Tressler, Soderstrom, Maloney & Priess, Chicago, Illinois.

Nonparty briefs were filed by Robert C. Burrell, Virginia L. Newcomb, and Paul F. Graves of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, for Insurance Environmental Litigation Association; Susan R. Tyndall of CMT Legal Group, Ltd., Waukesha, for Civil Trial Counsel of Wisconsin; George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, for Fort James Corporation; and Mark L. Thomsen of Cannon & Dunphy, S.C., Brookfield, for Wisconsin Academy of Trial Lawyers.

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


¶ 1. ANDERSON, J.

The Town of Mount Pleasant (Town) appeals from a summary judgment in favor of Hartford Accident and Indemnity Company and Twin City Fire Insurance Company (Hartford). The Town asked the circuit court to issue a declaratory judgment establishing that Hartford is obligated to the Town for certain costs, fees, disbursements and damages that the Town had suffered or paid as a result of a lawsuit in the...

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