X

Thank you for sharing!

Your article was successfully shared with the contacts you provided.
ARGUED OCTOBER 29, 2009

Before FLAUM, MANION, and WOOD, Circuit Judges.

When 19 acres of land are offered for sale for $1.00, any purchaser has reason to be wary. The Milwaukee Metropolitan Sewerage District is responsible for flood control and wastewater treatment in the greater Milwaukee area. As part of a flood control project, the District needed to acquire from Milwaukee County a piece of real estate along Lincoln Creek. The nominal asking price was $1.00. In anticipation of possible pollution clean-up costs, the project manager recommended obtaining insurance coverage, which the District directed its insurance agency to acquire. After a policy was issued, the District acquired title to the land. Soon thereafter, the District encountered significant pollution on the land. But when it submitted a claim to its environ-mental liability insurer, American International Specialty Lines Insurance Company (“AISLIC”), for costs incurred in removing the pollution, the insurer denied coverage. The District then sued AISLIC in Wisconsin state court seeking damages under several state law claims. Following removal to federal court and a bench trial, the district court concluded that coverage for the pollution was appropriate. The court reformed the District’s insurance policy with AISLIC to provide coverage for the pollution removal costs and entered judgment for $226,468.51 in favor of the District. The court also entered judgment in the same amount for AISLIC on its indemnity claim against Crump Insurance Services of Illinois, Inc. (“Crump”). AISLIC and Crump appeal from the district court’s judgment, and the District cross-appeals the judgment and the denials of its post-trial motions. For the reasons that follow, we reverse the judgment of the district court and remand with instructions to enter judgment for AISLIC on the District’s reformation claim and to dismiss AISLIC’s indemnity claim against Crump as moot. We also dismiss the District’s cross-appeal as moot.

 
Reprints & Licensing
Mentioned in a Law.com story?

License our industry-leading legal content to extend your thought leadership and build your brand.

More From ALM

Premium Subscription

With this subscription you will receive unlimited access to high quality, online, on-demand premium content from well-respected faculty in the legal industry. This is perfect for attorneys licensed in multiple jurisdictions or for attorneys that have fulfilled their CLE requirement but need to access resourceful information for their practice areas.
View Now

Team Accounts

Our Team Account subscription service is for legal teams of four or more attorneys. Each attorney is granted unlimited access to high quality, on-demand premium content from well-respected faculty in the legal industry along with administrative access to easily manage CLE for the entire team.
View Now

Bundle Subscriptions

Gain access to some of the most knowledgeable and experienced attorneys with our 2 bundle options! Our Compliance bundles are curated by CLE Counselors and include current legal topics and challenges within the industry. Our second option allows you to build your bundle and strategically select the content that pertains to your needs. Both options are priced the same.
View Now

BenefitsPRO Broker Expo 2021

May 18, 2021 - August 18, 2021
Virtual / San Diego, CA

The premier educational and networking event for employee benefits brokers and agents.


Register

African Legal Awards 2021

September 03, 2021
TBD

The African Legal Awards are set out to recognise exceptional achievement from Africa s legal elite.


Register

General Counsel Summit (GCS) 2021

September 07, 2021 - September 08, 2021
Sydney

General Counsel Summit is the premier event for in-house counsel, hosting esteemed legal minds from all sectors of the economy.


Register

JUNIOR ASSOCIATE: HEALTH CARE & LIFE SCIENCES (CORPORATE TRANSACTIONAL)

Newark, New Jersey, United States

JUNIOR ASSOCIATE: HEALTH CARE & LIFE SCIENCES (Corporate Transactional) Newark The Newark office of Epstein Becker & Gre...


Apply Now ›

(NEW) SENIOR COUNSEL WANTED FOR MULTINATIONAL ENERGY MANUFACTURING & LOGISTICS COMPANY (Houston, TX)

Houston, Texas, United States

Our client, a multinational energy manufacturing & logistics company, is seeking to hire a Senior Counsel for their North American opera...


Apply Now ›

Business Development Account Manager For Legal Services To Amlaw 100 Law Firms

Boston, Massachusetts, United States

This is a full time permanent professional consulting sales position for selling legal services to AmLaw100 firms. Minimum of 10 years selli...


Apply Now ›

FLB LAW

08/02/2021
Connecticut Law Tribune


View Announcement ›

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN

07/27/2021
TLI Web

VAN DER VEEN, O NEILL, HARTSHORN, AND LEVIN is pleased to welcome Frank Breitman, Esq. a talented and respected litigator to our ranks of trial lawyers.


View Announcement ›

HARWOOD LLOYD, LLC

07/26/2021
NJLJ Web

HARWOOD LLOYD, LLC Welcomes Beth L. Barnhard, Esq. Beth has joined the firm as Counsel in the Wills, Trusts and Estates Department. She is Certified to be an Elder Law Attorney (CELA) by the ABAaccredited National Elder Law Foundation.


View Announcement ›