With guidance from The Litigation Group’s jury research, trial consulting and jury selection, the trial team for Appleton Papers was able to obtain a significant victory in insurance coverage in a case related to the cleanup of PCB pollution in Wisconsin’s Lower Fox River.

The case centered on recovery under general liability insurance policies for the cost of remediating PCB contamination to the Lower Fox River. Specifically at issue in the case was the determination of property damage caused by the discharge of PCB-a by-product of carbonless paper production-as well as whether Appleton’s 1998 notice to the insurance companies for PCB contamination-related coverage was issued in a timely fashion. Significantly, the jury unanimously ruled in favor of Appleton and delivered its verdict after only five hours of deliberation.

“This case involved insurance coverage for one of the largest environmental sites in the country,” said Randy Paar, co-lead counsel in the case and partner at Dickstein Shapiro LLP. “The jury verdict shows what a tremendous asset CGL policies can be to policyholders who vigorously pursue their rights under their insurance policies. All of the insurance companies’ defenses were?rejected unanimously by the jury. This is a significant victory for policyholders, as well as the Fox River Valley community in Wisconsin.”