In Advanced Waste Servs., Inc. v. United Milwaukee Scrap, LLC, No. 2014AP1169 (Wis. Ct. App. Mar. 3, 2015), the absolute pollution exclusion clause, found in many Wisconsin insurance policies, applies to bar coverage for any loss involving the dispersal of pollutants, regardless of whether the insured caused the dispersal. This decision is consistent with two other fairly recent Wisconsin cases: Hirschhorn v. Auto-Owners Insurance Co., 2012 WI 20, 338 Wis. 2d 761, 809 N.W.2d 529 and United … [Read more...]

The justification defense to a tortious interference with contract claim is satisfied when a reasonably inquiry has been made by a defendant and, based on the advice of counsel, there is an honest belief by the defendant that a contract is unenforceable, even if it is later determined to be an erroneous belief. Sysdyne Corp. v. Rousslang, et. al., A13-0898 (Minn. 2015). … [Read more...]