00-2666 State of Wisconsin, et al. v. City of Rhinelander, et al.

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The City of Rhinelander appeals summary judgments dismissing its action against several insurance companies. The City contends that its liability insurers must indemnify the City for expenses it agreed to pay for landfill remediation in a settlement with the State. The City also claims that the insurance companies breached their duty to defend the City, even though the companies provided the City with counsel. General Casualty cross-appeals an order denying its motion for summary judgment on its umbrella policy. It argues that the policy does not provide coverage for the settlement and that the “known loss doctrine” precludes coverage under the policy as a matter of law.

We affirm each of the summary judgments dismissing the actions on the primary policies and affirm the order denying General Casualty’s motion on the umbrella policy.

This opinion will not be published.

Dist III, Oneida County, Kennedy, J., Per Curiam

Attorneys:

For Appellant: James P. Lonsdorf, Wausau; Phillip I. Parkinson, Rhinelander

For Respondent: Robert F. Johnson, Milwaukee; Heidi Vogt, Milwaukee; David Linder, St. Paul, MN; John F. O’Melia Jr., Rhinelander; Scott Ryskoski, St. Paul, MN