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eBook details

• Title: City Edgerton and Edgerton Sand & Gravel
• Author : Supreme Court of Wisconsin
• Release Date : January 16, 1994
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 89 KB

Description

JANINE P. GESKE, J. This is a review of a published decision of the court of appeals, City of Edgerton v. General Cas. Co.,
172 Wis. 2d 518, 493 N.W.2d 768 (Ct. App. 1992), which affirmed in part and reversed in part a judgment of the circuit court
for Rock County, John H. Lussow, Circuit Judge. The circuit court granted summary judgment to the plaintiffs, City of Edgerton
(the City) and Edgerton Sand and Gravel, Inc. (ES&G). The City and ES&G sought a declaration of their rights under
insurance policies issued by General Casualty Company of Wisconsin (General Casualty) and Aetna Casualty and Surety Company
(Aetna). 1 The City and ES&G claimed that the policies provided coverage for environmental remediation costs resulting
from the operation of a landfill located in the City. The circuit court agreed and granted the motion for summary judgment.
The court of appeals reversed that decision. General Casualty and Aetna filed cross-motions for summary judgment in the circuit court, claiming that (a) no suit seeking
damages had been filed which would trigger a duty to defend, and (b) the failure of ES&G to provide notice of an occurrence
or claim precluded coverage. The circuit court denied the cross-motions, and the court of appeals affirmed.

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