00-3344, 01-0580 State v. Hydrite Chemical Company

By: dmc-admin//August 5, 2002//

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“In summary, we conclude that because the substance of the relief the State seeks in its action against Hydrite is to compel Hydrite to pay for the cleanup of the Cottage Grove site, it is not a suit for ‘damages’ as used in the insurance policies, even though the State has labeled one of its claims ‘public nuisance.’ Therefore, there is no coverage under any of the insurance policies for any of the State’s claims against Hydrite.”

Judgment for the insurance companies is affirmed.

Recommended for publication in the official reports.

Dist IV, Dane County, Nowakowski, J., Vergeront, P.J.

Attorneys:

For Appellant: Charles P. Graupner, Milwaukee; Raymond R. Krueger, Milwaukee; David V. Meaney, Milwaukee; Cynthia E. Smith, Milwaukee; Gordon P. Giampietro, Milwaukee

For Respondent: Robert A. Selk, Madison

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