The Wisconsin Court of Appeals recently affirmed a circuit court ruling that three insurers’ excess policies, which together provided $35 million excess of a single $15 million primary layer, must pay their policy obligations simultaneously, rather than sequentially. Cleaver Brooks, Inc., et al. v. AIU Insurance Company, et al., No. 2013AP203 (Wis. Ct. App. Oct. 29, 2013). The insureds originally sought coverage from their insurers as a result of underlying bodily injury suits alleging asbestos exposure from boilers manufactured by a Coca-Cola Co. subsidiary, Cleaver-Brooks, Inc. Once the primary layer had been exhausted, the excess insurers asserted a right to pay sequentially, notwithstanding a prior judgment in an earlier case involving the same parties that had imposed joint and several liability on the excess insurers. The Court of Appeals affirmed the lower court’s ruling that joint and several liability imposed simultaneous, not sequential, obligations on the excess insurers. The Court further held that this result was consistent with the plain language of the policies, which stated that each policy was “part of” the block of excess coverage above the same $15 million in underlying limits. According to the Court, “[i]n order to accept sequential, standalone liability, as advocated by the insurers, the plain language of at least two of the policies under each block of coverage would have to be rewritten to accommodate the liability limits of the policy or policies that must necessarily come before it.” The Court also found simultaneous payment consistent with Wisconsin law.