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NCR CORP. v. TRANSPORT INS. CO.

No. 2011AP192.

823 N.W.2d 532 (2012)

344 Wis.2d 494

2012 WI App 108

NCR CORPORATION, Plaintiff-Respondent-Cross-Appellant, v. TRANSPORT INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed September 25, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of G. Michael Halfenger of Foley & Lardner, LLP, Milwaukee; Lawrence D. Mason and John A. Lee of Segal McCambridge Singer & Mahoney, Ltd, Chicago, IL.

On behalf of the plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Gregory B. Conway and R. George Burnett of Liebman, Conway, Olejniczak & Jerry, S.C., Green Bay; John G. Buchanan III of Covington & Burling LLP, Washington, DC; P. Benjamin Duke of Covington & Burling LLP, New York, NY.

Before HOOVER, P.J., PETERSON and MANGERSON, JJ.

HOOVER, P.J.

¶ 1 Transport Insurance Company appeals a judgment declaring that an excess umbrella policy issued to NCR Corporation provided coverage for NCR's liability for polychlorinated biphenyl (PCB) contamination of the Lower Fox River in Wisconsin. Transport also appeals a judgment entered against it for the $5,000,000 policy limit. Transport argues the circuit court erroneously: chose to apply Wisconsin law rather than Ohio law; granted NCR summary judgment...

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