Represented an industrial colorant manufacturer, Chroma Color Corporation, in connection with an insurance coverage dispute in the Western District of Wisconsin. The dispute arose after our client was sued in connection with alleged deficiencies in its ultraviolet protection products. The plaintiff used these products in molded parking lot light post bases and traffic bollards at large gas station chains. The plaintiff’s endgame was to seek damages in connection with every product installed at every single gas station with which it had a contract. Had the Court agreed with that theory, the damages figure would have reached eight figures in potential exposure.

Three insurers sought to extricate from defending our client in the underlying suit, and a number of cross-pleadings and amended cross-pleadings were filed as a result. After more than a year of active litigation on both the merits and on coverage, a testy and unsuccessful mediation, and a long stretch of dispositive briefing, we won summary judgment on coverage. Specifically, the Court found that the applicable insurance documents conferred coverage and also adopted our position that the insurers always had a duty to defend in the underlying litigation.