United States Seventh Circuit

In a suit concerning the defense and indemnity obligations of an insurance company with respect to asbestos lawsuits against the insured, the circuit court stays the appeal and certifies the following questions to the Wisconsin Supreme Court: 1) what constitutes an "occurrence" in an insurance contract when exposure injuries are sustained by numerous individuals, at varying geographical locations, over many years; 2) whether Wisconsin Statute section 631.43(1) applies to successive insurance policies; and 3) whether Wisconsin courts would adopt an "all sums" or pro rata allocation approach to determining liability when an injury spans multiple, successive insurance policies.

Appellate Information

• Decided 01/22/2008
• Published 01/22/2008

Judges

• KANNE, Circuit Judge., Before FLAUM, MANION, and KANNE, Circuit Judges.

Court

• United States Seventh Circuit

Counsel

• For Appellant:
  
• Mark J. Plumer, Heller Ehrman, Washington, DC, for Wisconsin Utilities Ass'n, Inc., Amicus Curiae.


• For Appellees:
  
• Jeffrey O. Davis (argued), Quarles & Brady, Milwaukee, WI, for Plaintiff-Appellee, Cross-Appellant., Michael J. Cohen, Meissner, Tierney, Fisher & Nichols, Milwaukee, WI, John C. Sullivan (argued), Post & Schell, Philadelphia, PA, for Defendant-Appellant, Cross-Appellee.