NO "DAMAGES"

In a number of cases, Stone & Johnson attorneys have successfully argued that insurers have no duty to defend or indemnify on the ground that environmental clean-up costs, such as those mandated under CERCLA and other state or federal regulatory schemes, do not constitute “damages” as contemplated by the language in most general liability policies. Some of these summary judgment rulings have included:

• Ulrich Chem., Inc. v. American States Ins. Co., Shelby County Cir. Ct., No. 73 C01-8901-CP-016 (Indiana July 26, 1990) (case of first impression).

• Johnson Controls, Inc. v. Employers’ Ins. of Wausau, a Mut. Co., et al., Milwaukee County Cir. Ct., No. 89 CV 016174 (Wisconsin May 5, 1995).

• Menasha Elec. And Water Util., et al. v. American Employers’ Ins. Co., et al., Winnebago County Cir. Ct., No. 93 CV 625 (Wisconsin August 14, 1995), aff’d, No. 96-0693 (Wis. Ct. App. February 18, 1998)