CITY OF EDGERTON, and Edgerton Sand & Gravel, Inc., Plaintiffs-Respondents,
v.
GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Appellant,
WISCONSIN INSURANCE SECURITY FUND, Defendant,
AETNA CASUALTY & SURETY COMPANY, Defendant-Co-Appellant,
HANOVER INSURANCE COMPANIES, Wausau Insurance Companies, and Local Government Property Insurance Fund, Defendants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs July 14, 1992.
Decided November 25, 1992.
Attorney(s) appearing for the Case
For the defendant-appellant the cause was submitted on the briefs of Thomas N. Harrington and Heidi L. Vogt of Cook & Franke S.C. of Milwaukee.
For the defendant-co-appellant the cause was submitted on the briefs of Thomas R. Schrimpf and Susan R. Tyndall of Hinshaw & Culbertson of Milwaukee.
For the plaintiffs-respondents the cause was submitted on the briefs of James A. Olson and Steven J. Schooler of Lawton & Cates, S.C. of Madison.
Amicus Curiae brief was filed by Joseph J. Muratore, Jr. of Racine, attorney, and Thomas J. Dawson of Madison, and Eugene R. Anderson, Robert M. Horkovich, Carol A. Matthews and Bruce A. Brown, of counsel, of New York, for Wisconsin Public Intervenor and Wisconsin's Environmental Decade.
Amicus Curiae brief was filed by Thomas C. Ewing and Douglas B. Clark of Foley & Lardner of Madison, for Wisconsin Policyholders Association.
Amicus Curiae brief was filed by Robert C. Burrell of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee, attorneys, and Thomas W. Brunner, Marilyn E. Kerst and James P. Anasiewicz of Wiley, Rein & Fielding, of counsel, of Washington, D.C., for Wisconsin Insurance Alliance and Insurance Environmental Litigation Association.
Before Sundby, Cane and LaRocque, JJ.
Court of Appeals of Wisconsin.
SUNDBY, J.
Edgerton Sand & Gravel, Inc. (ES& G) owns a landfill site in Rock County which it closed December 30, 1984. During 1984 and 1985 it capped the landfill. The city of Edgerton leased the site for a municipal landfill from approximately 1968 to 1984. In 1984 volatile organic compounds (VOCs) were detected in the groundwater under, and in the vicinity of, the site.
By certified letter dated June 22, 1989, the United States Environmental Protection...
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