[Download] "Kremers-Urban Company v. American" by United States Court of Appeals for the Second Circuit August Term 1996 * eBook PDF Kindle ePub Free
eBook details
- Title: Kremers-Urban Company v. American
- Author : United States Court of Appeals for the Second Circuit August Term 1996
- Release Date : January 29, 1984
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 72 KB
Description
The defendant-appellant, American Employers Insurance Co., one of the Commercial Union Assurance Companies (hereinafter Commercial Union), appeals from a judgment of the circuit court for Milwaukee county, Michael D. Goulee, Circuit Judge, entered on April 8, 1982, which granted summary judgment in favor of the plaintiff-respondent, Kremers-Urban Company (hereinafter Kremers-Urban) and denied Commercial Unions cross-motion for summary judgment. Kremers-Urban cross-appeals the portion of the circuit courts judgment which struck the award to Kremers-Urban of reasonable attorneys fees. We accepted certification of the appeal from the court of appeals. We affirm the judgment of the circuit court for Milwaukee county because it appropriately held, as a matter of law, that liability insurance policy coverage issued by Commercial Union to Kremers-Urban prior to March 16, 1968, is triggered when a pregnant woman ingested DES or when Kremers-Urban engaged in marketing activities, as both constitute an "occurrence" as that term is used in those policies. We also affirm that Kremers-Urban is not entitled to attorneys fees for this action commenced under the declaratory judgments act, sec. 806.04(10), Stats.