Jump to Navigation
Jump to Content

NCR Corp. v. Transport Insurance Co.

ELR Citation: 42 ELR 20207
Nos. 2011AP192, (Wis. Ct. App., 09/25/2012)

A Wisconsin appellate court reversed in part a lower court judgment declaring that an excess umbrella policy issued to an electronics company provided coverage for the company's liability for PCB contamination of the Lower Fox River in Wisconsin. The lower court correctly chose to apply Wisconsin, rather than Ohio, law. And it properly exercised its discretion to deny the insurance company's motion for discovery and reconsideration. But the lower court erred in holding that the damage was neither expected nor intended under the policy's definition of occurrence. The court cannot conclude as a matter of law that the company did not intend or expect with substantial certainty that its PCB releases would cause environmental harm. Because there are disputed material issues of fact, the court reversed the lower court's grant of summary judgment in favor of the company and ordered the lower court to vacate the judgment for payment.