1 Insurer's Duty Breach Isn't Another's Payday: Wis. Justices

Law360 (January 25, 2019, 7:08 PM EST) -- Greenwich Insurance Co.'s breach of its duty to defend Milwaukee's sewer management agency in litigation over plumbing backups does not mean it has to repay the full $1.55 million another insurer expended defending the agency, Wisconsin's high court ruled Friday, instead assigning each insurer a proportional share.

The Wisconsin Supreme Court issued a mixed decision in the dispute between Greenwich and Steadfast Insurance Co., which had each issued liability insurance policies extending coverage to the Milwaukee Metropolitan Sewerage District that were called upon following widespread plumbing backups due to historic rainfall in 2008.

A 5-2 majority of the justices agreed with...

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