INTERNATIONAL FLAVORS v. VALLEY FORGE

No. 2006AP1028.

738 N.W.2d 159 (2007)

2007 WI App 187

INTERNATIONAL FLAVORS & FRAGRANCES, INC., Plaintiff-Counterclaim-Defendant-Appellant, v. VALLEY FORGE INSURANCE COMPANY and Continental Casualty Company, Defendants-Counterclaim-Third-Party Plaintiffs-Respondents, v. Bush Boake Allen, Inc., Century Indemnity Company and Zurich American Insurance Company, Liberty Mutual Insurance Company, and Royal Insurance Company of America, Third-Party Defendants-Respondents, AIU Insurance Company, American Home Assurance Company and National Union Fire Insurance Company of Pittsburgh, Pennsylvania, Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed July 11, 2007.


Attorney(s) appearing for the Case

On behalf of the plaintiff-counterclaim-defendant-appellant, the cause was submitted on the briefs of Eric J. Van Vugt and Lars E. Gulbrandsen of Quarles & Brady, LLP of Milwaukee, and Nicholas J. Zoogman and John P. Winsbro of Dickstein Shapiro, LLP, of New York, New York. There was oral argument by Nicholas J. Zoogman.

On behalf of the defendants-counterclaim-third-party plaintiffs-respondents, the cause was submitted on the brief of Susan Tyndall of CMT Legal Group, Ltd. of Waukesha and Michael L. Anania of Ford, Marrin, Esposito, Witmeyer & Gleser, LLP, of New York, New York. There was oral argument by Edward M. Pinter.

Before BROWN, NETTESHEIM and ANDERSON, JJ.


¶ 1 BROWN, J.

In this appeal, International Flavors & Fragrances, Inc., seeks indemnity and defense from Valley Forge Insurance Company and Continental Casualty Company (collectively "CNA") for dozens of suits filed against IFF by current and former popcorn factory workers who claim to have been sickened by exposure to butter flavoring. The circuit court held that IFF had failed to give CNA timely notice of the...

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