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CLEAVER BROOKS, INC. v. AIU INS. CO.

No. 2013AP203.

839 N.W.2d 882 (2013)

2013 WI App 135

CLEAVER BROOKS, INC. and The Coca-Cola Company, Plaintiffs-Respondents, v. AIU INSURANCE COMPANY, Lexington Insurance Company and National Union Fire Insurance Company of Pittsburgh, PA., Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed October 29, 2013.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Michael J. Cohen and Pamela J. Tillman of Meissner Tierney Fisher & Nichols, S.C. of Milwaukee; Mary Beth Forshaw , pro hac vice, and Bryce L. Friedman , pro hac vice of Simpson Thacher & Bartlett LLP of New York, NY.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Paul R. Hoefle and Benjamin A. Menzel of Schroeder Group, S.C., Attorneys at Law of Waukesha; Robert M. Horkovich , pro hac vice and Rene F. Hertzog , pro hac vice of Anderson Kill & Olick, P.C. of New York, NY; Martin M. McNerney , pro hac vice and John H. Fontham , pro hac vice of King & Splading, LLP of Washington, DC.

Before FINE, KESSLER and BRENNAN, JJ.

BRENNAN, J.

¶ 1 AIU Insurance Company, Inc., Lexington Insurance Company, and National Union Fire Insurance Company of Pittsburgh, P.A., ("the Insurers") appeal from the circuit court's 2013 order for declaratory judgment. The circuit court's 2013 order granted Cleaver-Brooks, Inc. and The Coca-Cola Company's motion for partial summary judgment, and directed the Insurers to simultaneously pay shares of indemnity proportional to their respective indemnity limits...

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