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ATLANTIC MUT. INS. COMPANIES v. LOTZ

No. 03-C-41.

384 F.Supp.2d 1292 (2005)

ATLANTIC MUTUAL INSURANCE COMPANIES, Plaintiffs, v. Brian and Kaare LOTZ, Defendants/Counter-Plaintiffs, v. Atlantic Mutual Insurance Companies, Counter-Defendants.

United States District Court, E.D. Wisconsin.

August 24, 2005.

Attorney(s) appearing for the Case

Bruce A. Ranta, Cunningham & Lyons, Milwaukee, WI, Dennis D. Fitzpatrick, James M. Hoey, Clausen Miller PC, Chicago, IL, for Plaintiffs.

Christopher N. Mammel, Edward Eshoo, Jr., Michael L. Childress, Childress & Zdeb Ltd., Chicago, IL, John V. McCoy, Thomas C. Hofbauer, McCoy & Hofbauer, Waukesha, WI, Defendants/Counter-Plaintiffs.

ORDER

STADTMUELLER, District Judge.

On January 15, 2003, Atlantic Mutual Insurance Companies ("Atlantic Mutual") filed a complaint against Brian and Kaare Lotz (the "Lotzs") seeking a declaration that the insurance policy it issued to the Lotzs does not cover widespread mold and rot damage discovered in their home. The Lotzs have filed a counterclaim against Atlantic Mutual alleging breach of contract, breach of implied covenant and bad faith conduct.

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