Insurance — notice

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Wisconsin Court of Appeals

Civil

Insurance — notice

Where an insured did not notify its insurer of a claim for seven years, it is not entitled to coverage.

“Ansul argues the $5 million reserve and $8 to $15 million projection of future cleanup costs reflected “only what was possible … not what was probable or likely.” It contends a jury could determine that Ansul did not know until 1997 that the cost of remediation was likely to reach UKL1311’s attachment point. This is an untenable position. The undisputed record establishes that Ansul spent over $11 million before 1986 to investigate and remediate the contamination. When Ansul was told by the EPA in 1990 that significant quantities of arsenic remained, it should have been clear that Ansul was likely to bear significant additional cleanup costs.”

Affirmed.

Recommended for publication in the official reports.

2011AP2596 Ansul, Inc., v. Employers Insurance Co. of Wausau

Dist. III, Marinette County, Miron, J., Mangerson, J.

Attorneys: For Appellant: Neider, Barbara A., Madison; Wright, Joseph P., Madison; For Respondent: Schmeckpeper, Jeffrey A., Milwaukee; McAndrews, John G., New York