Johnson Controls, Inc. v. Central National Insurance Co. of Omaha

A Wisconsin appellate court held that an insurer had no duty to defend a manufacturing company for various environmental cleanup costs. The insurer issued the company multiple excess insurance policies, all of which provide a duty to defend only if an occurrence is covered under the excess insurance policies but not covered under the underlying insurance policies. Here, the scope of coverage for environmental liabilities between the primary and excess policies was identical. As such, the insurer had no duty to defend.