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Employers Ins. of Wausau v. Tektronix, Inc.

Or. Ct. App.March 28, 2007No. CCV9908032, A123664Cited 59 times
Mixed ResultTektronix, Inc.$1,455,660 awarded
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Case Details

Judge(s)
Edmonds, Brewer, Schuman
Status — whether other courts must follow this ruling
Published
Procedural Posture — the stage the case had reached
appeal

Related Laws

No specific laws identified for this ruling.

Claim Types

Breach of Contract

Outcome

Jury found in favor of Tektronix on breach of contract claim, awarding $1,455,660 in damages plus $525,507 prejudgment interest and $3,301,415 in attorney fees. However, the appellate court reversed and remanded for new trial due to incorrect jury instruction on the 'sudden and accidental' exception to pollution exclusion.

What This Ruling Means

**What Happened** This case involved a dispute between Employers Insurance of Wausau and Tektronix, Inc. over insurance coverage. Tektronix claimed that their insurance company wrongly refused to cover certain costs, likely related to environmental pollution cleanup. The case centered on whether the insurance policy's "pollution exclusion" clause applied, specifically whether pollution damage qualified as "sudden and accidental" (which would be covered) versus gradual contamination (which would not be covered). **What the Court Decided** Initially, a jury sided with Tektronix and awarded the company over $1.4 million in damages, plus additional interest and attorney fees totaling nearly $5.3 million. However, an appeals court overturned this decision, ruling that the jury received incorrect instructions about how to interpret the "sudden and accidental" exception in the insurance policy. The case was sent back for a new trial. **Why This Matters for Workers** This case highlights how complex insurance disputes can affect companies' financial stability. When employers face large uninsured costs—like environmental cleanup—it can impact their ability to maintain operations and jobs. Workers should understand that their company's insurance coverage decisions can have long-term consequences for business stability and employment security.

This summary was generated to explain the ruling in plain English and is not legal advice.

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