Month: June 2010

Decision Adopts Vertical Exhaustion Theory, Clarifies Plastics Engineering

Early this month, the Wisconsin Court of Appeals District 1 affirmed a trial court’s ruling that vertical exhaustion was the appropriate theory to apply in progressive injury cases and elaborated upon the Wisconsin Supreme Court’s 2009 holding in Plastics Engineering Co. V. Liberty Mutual Insurance Co.[ii] that Wisconsin is an “all sums” allocation state. Continue reading “Westport Insurance Corporation v. Appleton Papers, Inc Westport Insurance Corporation v. Appleton Papers, Inc. [i]”

At least a couple of times a week we hear from another dry cleaner who, facing a lawsuit by his landlord or has received notice from the state environmental agency. He has already turned to his insurance agent for coverage for the damage to soil and groundwater allegedly caused by his operations over the years. The dry cleaner, who failed to keep copies of his old policies, had been hoping that his long-time insurance agent would have them.  He is surprised by his insurance agent’s excuse. “ The new record retention plan only requires that we keep records for seven years.” Continue reading “Defending Dry Cleaners with Old Insurance Policies”