Certification accepted in 'Johnson Controls, Inc. v. London Market'

The Wisconsin Supreme Court on April 14, 2009 accepted the Court of Appeals certification, in this case (2007AP1868). The Table of Pending Cases (Updated April 16, 2009) [html | pdf] says the issues are:

Should a duty to defend be imported from an underlying umbrella insurance policy into an excess umbrella liability policy by language in the excess policy stating that it is subject to the same terms, definitions, exclusions and conditions as the underlying policy “except as otherwise provided”?

Is the excess liability carrier’s duty to defend primary in nature, such that it may be triggered even if the excess policy expressly requires exhaustion of the underlying policy as a precondition to liability and the underlying policy has not been exhausted?