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ANSUL, INC. v. EMPLOYERS INS. CO. OF WAUSAU

No. 2011AP2596.

826 N.W.2d 110 (2012)

345 Wis.2d 373

2012 WI App 135

ANSUL, INC. and Tyco International (US), Inc., Plaintiffs-Appellants, v. EMPLOYERS INSURANCE COMPANY OF WAUSAU, Defendant, Hartford Accident & Indemnity Company, Defendant-Third-Party Plaintiff, v. Travelers Casualty and Surety Company, Centennial Insurance Company, Columbia Casualty Company, Gibraltar Casualty Company, Insurance Company of North America, National Union Fire Insurance Company, Zurich Insurance Company and Employers Mutual Liability Insurance Company, Third-Party Defendants, Certain Underwriters at Lloyds & London Market Insurance Companies, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed November 27, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Joseph P. Wright and Barbara A. Neider of Stafford Rosenbaum LLP, Madison.

On behalf of the third-party-defendant-respondent, the cause was submitted on the brief of Jeffrey A. Schmeckpeper of Kasdorf, Lewis & Swietlik, S.C., Milwaukee, and Matthew B. Anderson , John G. McAndrews and Jaimie Ginzberg of Mendes & Mount LLP, New York, NY.

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

MANGERSON, J.

¶ 1 Between October 1969 and February 1980, Certain Underwriters at Lloyd's & London Market Insurance Companies ("Lloyd's") supplied Ansul, Inc. and Tyco International (US), Inc. ("Ansul") with nine excess policies with varying coverage dates. From the 1950s to 1977, Ansul caused severe environmental damage by contaminating groundwater near the Menominee River with substantial quantities of arsenic. The Wisconsin Department of Natural Resources...

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