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Brunswick Corp. v. Sentry Insurance

ELR Citation: 40 ELR 20022
Nos. No. 2010AP365, (Wis. Ct. App. , 11/10/2010)

A Wisconsin appellate court held that an insurer has no duty to indemnify a manufacturing company for costs it incurred cleaning up private landowners' property that was part of a larger environmental remediation effort required by the government. The parties previously stipulated that the insurer would not provide coverage for the cost of government required remediation. The company argued that it was responding to private party claims and that the private-party claims for remediation simply overlap with the governmental requirement. But the company has not paid any private party any compensation for contamination to property, and it has not established that it was responding to a demand for compensatory, monetary relief from a nongovernment third party.