JOHNSON CONTROLS, INC., Plaintiff-Appellant,
v.
EMPLOYERS INSURANCE OF WAUSAU, a mutual company (f/n/a Employers Mutual Liability Insurance Company of Wisconsin), Affiliated FM Insurance Company, AIU Insurance Company, Allstate Insurance Company (as successor to Northbrook Excess and Surplus Insurance Company), American Employers' Insurance Company, American Home Assurance Company, American Motorists Insurance Company, Central National Insurance Company of Omaha, Employers Mutual Casualty Company, Employers Reinsurance Corporation, Federal Insurance Company, First State Insurance Company, Granite State Insurance Company, Highlands Insurance Company, Landmark Insurance Company, London Market (certain underwriters at Lloyd's London and London Market Insurance Companies), National Union Fire Insurance Company of Pittsburgh, PA, Northbrook Excess and Surplus Insurance Company (as predecessor to Allstate Insurance Company), Puritan Insurance Company (f/n/a Manhattan Fire and Marine Insurance Company), Stonewall Insurance Company, Transamerica Premier Insurance Company, Travelers Indemnity Company, United National Insurance Company, Zurich Insurance Company, International Insurance Company, and Westchester Fire Insurance Company, Defendants-Respondents,
ALLIANZ UNDERWRITERS INSURANCE COMPANY, American Centennial Insurance Company, American Insurance Company, Associated International Insurance Company, California Union Insurance Company, Continental Insurance Company, Fireman's Fund Insurance Company, Harbor Insurance Company, North Star Reinsurance Corporation, and Republic Insurance Company, Defendants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs December 4, 2001.
Decided December 27, 2001.
Attorney(s) appearing for the Case
On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Matthew J. Flynn, Jeffrey O. Davis and Keith A. Bruett, of Quarles & Brady LLP, Milwaukee and John P. Kennedy of Johnson Controls, Inc., Milwaukee.
On behalf of the defendant-respondent First State Insurance Company, the cause was submitted on the brief of Paul J. Pytlik and Michelle M. Stoeck of Hills Legal Group, Ltd., Waukesha.
On behalf of the defendant-respondent Employers Insurance of Wausau, the cause was submitted on the brief of Timothy J. Muldowney and Todd G. Smith of La Follette Godfrey & Kahn, Madison and Keith A. Dotseth and Patrick J. Boley of Larson King, LLP, St. Paul, Minnesota and Michael J. Cohen of Meissner Tierney Fisher & Nichols, S.C., Milwaukee.
On behalf of the defendant-respondent Transamerica Premier Insurance Company, the cause was submitted on the brief of Edwin J. Hull, III and David P. Cutler of Cutler & Hull, Chicago, Illinois.
On behalf of the defendant-respondent American Employers' Insurance Company, the cause was submitted on the brief of Robert C. Moore and Christian D. Ambler of Stone & Moore, Chartered, Chicago, Illinois.
On behalf of the defendants-respondents American Home Assurance Company, AIU Insurance Company, Granite State Insurance Company, Landmark Insurance Company, and National Union Fire Insurance Company of Pittsburgh, PA, the cause was submitted on the brief of Blaise S. Curet of Sinnott, Dito, Moura & Puebla P.C., San Francisco, California and Jeffrey A. Schmeckpeper of Kasdorf, Lewis & Swietlik, S.C., Milwaukee.
On behalf of the defendant-respondent The Travelers Indemnity Company, the cause was submitted on the brief of Barry R. Ostrager, David J. Woll and Jonathan K. Youngwood of Simpson Thacher & Bartlett, New York, New York and Janice A. Rhodes of Kravit, Gass, Hovel & Leitner, S.C., Milwaukee.
Before Wedemeyer, P.J., Fine and Curley, JJ.
Court of Appeals of Wisconsin.
¶ 1. WEDEMEYER, P.J.
Johnson Controls, Inc. appeals from an order and a judgment wherein the trial court found that no insurance coverage existed for twenty-one environmentally contaminated landfill sites. Johnson Controls claims the trial court erred when it ruled that all of the sites at issue do not involve "damages." Johnson Controls concedes that ten of the twenty-one sites do not fall into a category which triggers insurance coverage, but argues that the...
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