WESTPORT INS. CORP. v. APPLETON PAPERS INC.

No. 2009AP286.

787 N.W.2d 894 (2010)

2010 WI App 86

WESTPORT INSURANCE CORPORATION, Plaintiff-Appellant, Granite State Insurance Company, National Union Fire Insurance Company of Pittsburgh, PA, Columbia Casualty Company, Continental Insurance Company, in its own right and as successor in interest to certain policies issued by Harbor Insurance Company, and as successor by merger to Fidelity & Casualty Company of New York and Federal Insurance Company, Plaintiffs, v. APPLETON PAPERS INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed June 8, 2010.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of John C. Heugel of Green Bay and Kevin J. Kuhn of Vedder Price, P.C. of Chicago, IL.

On behalf of the plaintiffs, the cause was submitted on the joint briefs of Michael J. Cohen and Thomas M. Hruz of Meissner Tierney Fisher & Nichols, S.C. of Milwaukee, Duffy Dillon and Kim M. Olson of Brennan, Steil & Basting, S.C. of Janesville and Jan M. Michaels , Scott M. Salerno of Michaels & May, P.C. of Chicago, IL, Anne Berleman Kearney of Appellate Consulting Group of Milwaukee, Margaret J. Orbon and Mark D. Paulson of Clausen Miller P.C. of Chicago, IL and John C. Heugel of Green Bay and Kevin J. Kuhn of Vedder Price, P.C. of Chicago, IL.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Ronald R. Ragatz , Dennis P. Birke , Megan A. Senatori and Bradley C. Fulton of DeWitt Ross & Stevens, S.C. of Madison and Randy Parr of Dickstein Shapiro LLP of New York, N.Y. and Michael T. Sharkey , Andrew M. Weiner and Paul L. Spackman of Dickstein Shapiro LLP of Washington, DC.

An amicus curiae brief was filed by Robert C. Burrell of Borgelt, Powell , Peterson & Frauen, S.C. of Milwaukee, Laura A. Foggan and Parker J. Lavin of Wiley Rein LLP of Washington, DC for the Complex Insurance Claims Litigation Association and the Wisconsin Insurance Alliance.

Before CURLEY, P.J., FINE and KESSLER, JJ.


KESSLER, J.

¶ 1 Westport Insurance Corporation is one of numerous insurance companies that issued commercial general liability excess insurance policies to Appleton Papers, Inc. (API), from June 30, 1978, through December 31, 1985. Westport and several insurers listed above (collectively, "Insurers") jointly appealed from a judgment declaring that: (1) their policies provide coverage for API's liability for costs under the Comprehensive Environmental Response...

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