Jury Must Decide NCR Pollution Insurance Row, Judge Says

Law360, New York (September 26, 2012, 5:04 PM EDT) -- A Wisconsin state judge on Tuesday overturned a judgment forcing Transport Insurance Co. to cover paper producer NCR Corp. for its cleanup costs after polluting a Wisconsin river, sending the case to a lower court to determine whether NCR acted intentionally.

Judge Michael Hoover of the Wisconsin Court of Appeals threw out a summary judgment compelling Transport to honor a $5 million insurance policy held by NCR, finding that a jury must determine whether NCR expected or intended to pollute Wisconsin's Lower Fox River before forcing...
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