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Insurance — duty to defend — pollution

By: WISCONSIN LAW JOURNAL STAFF//March 12, 2014//

Insurance — duty to defend — pollution

By: WISCONSIN LAW JOURNAL STAFF//March 12, 2014//

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Wisconsin Court of Appeals

Civil

Insurance — duty to defend — pollution

This is an insurance-coverage dispute between Chartis Specialty Insurance Company[1] and Acuity, A Mutual Insurance Company. Chartis issued Dorner, Inc., a Contractors Pollution Liability (CPL) policy; Acuity issued Dorner a standard Comprehensive General Liability (CGL) policy. The circuit court concluded that, like Acuity, Chartis also had a duty to defend and indemnify Dorner in four consolidated lawsuits in which the plaintiffs sought recovery for bodily injury and property damage caused by a gas explosion that occurred when, during excavation, Dorner employees disturbed an underground natural gas line. Chartis appeals on grounds that the complaints neither alleged “pollution conditions,” as defined in the CPL policy, nor that “pollution conditions” caused the bodily injury or property. We reverse and remand. This opinion will not be published.

2013AP1303 Acuity v. Chartis Specialty Insurance Company

Dist II, Waukesha County, Mac Davis, J., Per Curiam

Attorneys: For Appellant: Rattan, Mark W., Brookfield; For Respondent: Grady, Lance S., Waukesha; Cohen, Michael J., Milwaukee; Hruz, Thomas M., Milwaukee; Miller, Daniel K., Waukesha

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