PLASTICS ENGINEERING COMPANY, Plaintiff-Appellee-Cross-Appellant,
v.
LIBERTY MUTUAL INSURANCE COMPANY, Defendant-Appellant-Cross-Appellee.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Argued September 9, 2008.
Decided January 29, 2009.
Attorney(s) appearing for the Case
For the defendant-appellant-cross-appellee there were briefs by Michael J. Cohen, Pamela J. Tillman, and Meissner Tierney Fisher & Nichols S.C., Milwaukee, and John C. Sullivan and Post & Schell, P.C., Philadelphia, Pa., and oral argument by John C. Sullivan.
For the plaintiff-appellee-cross-appellant there were briefs by Jeffrey O. Davis, Keith A. Bruett, William H. Harbeck, David A. Strifling, and Quarles & Brady LLP, Milwaukee, and oral argument by Jeffrey O. Davis.
An amicus curiae brief was filed by Heidi L. Vogt and von Briesen & Roper, S.C., Milwaukee, and Laura A. Foggan, John C. Yang, Lena Mirilovic and Wiley Rein LLP, Washington, D.C.
An amicus curiae brief was filed by Thomas R. Schrimpf and Hinshaw & Culbertson LLP, Milwaukee, on behalf of the Wisconsin Insurance Alliance.
An amicus curiae brief was filed by Susan R. Tyndall and CMT Legal Group, Ltd., Waukesha, on behalf of London Market Insurers.
Amicus curiae briefs were filed by Henry J. Handzel, Todd Palmer and DeWitt Ross & Stevens S.C., Madison; Randy Paar and Dickstein Shapiro LLP, New York, N.Y.; Michael T. Sharkey and Dickstein Shapiro LLP, Washington, D.C., on behalf of the Wisconsin Paper Council.
An amicus curiae brief was filed by Karen M. Schapiro, Betsy Lawton, Madison, on behalf of Midwest Environmental Advocates, Inc.
An amicus curiae brief was filed by Paul G. Kent, Alan G.B. Kim, Jr., and Anderson & Kent, S.C., Madison, and Amy Back, San Francisco, Cal., on behalf of United Policyholders.
An amicus curiae brief was filed by Sarah C. Walkenhorst and Heller Ehrman LLP, Madison, and Mark J. Plumer and Heller Ehrman LLP, Washington, D.C., on behalf of the Wisconsin Utilities Association.
An amicus curiae brief was filed by William J. Mulligan, James E. Braza, Susan G. Schellinger, and Davis & Kuelthau, S.C., Milwaukee, on behalf of the National Federation of Independent Business (NFIB) Small Business Legal Center.
An amicus curiae brief was filed by Todd A. Becker and Coyne, Schultz, Becker & Bauer, S.C., Milwaukee, on behalf of the Transportation Insurance Company and the National Fire Insurance Company of Hartford.
Supreme Court of Wisconsin.
¶ 1 ANNETTE KINGSLAND ZIEGLER, J.
This is a certification of questions of law from the United States Court of Appeals for the Seventh Circuit, pursuant to Wis. Stat. § 821.01 (2005-06).1 The questions certified for determination are: "(1) what constitutes an `occurrence' in an insurance contract when exposure injuries are sustained by numerous individuals, at varying geographical locations, over many years; (2) whether Wisconsin...
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