01-1193 Johnson Controls, Inc. v. Employers Insurance of Wausau et al.

By: dmc-admin//December 31, 2001//

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“In sum, we conclude that the trial court did not err in finding that all twenty-one sites involved in this case fall into categories one, three, or four, and as a result are not ‘legal damages’ entitled to insurance coverage under the CGL policies involved. Because we have so concluded, it is not necessary for us to address Wausau’s counterclaim based on the pollution exclusion. Further, we need not address specifically the arguments of the additional (excess) insurance companies involved because we have affirmed the trial court’s order that none of the sites involved here trigger coverage.”

Judgment and order affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Sullivan, J., Wedemeyer, J.

Attorneys:

For Appellant: Matthew J. Flynn, Milwaukee; John P. Kennedy, Milwaukee; Jeffrey Oxford Davis, Milwaukee; Keith A. Bruett, Milwaukee

For Respondent: Keith A. Dotseth, St. Paul, Minn.; Timothy J. Muldowney, Madison; Todd G. Smith, Madison

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