HERITAGE FARMS, INC. v. MARKEL INS. CO.

No. 2007AP983.

762 N.W.2d 652 (2009)

2009 WI 27

HERITAGE FARMS, INC., Audrey Bunchkowski, Russell Bunchkowski, Ruth Dutcher, Howard Dutcher, Sally Freitag, Amy Holzwart, James Holzwart, Kathleen Khin, Glenwood Zellmer, Daryl Lloyd, Donald Lloyd, Judy Maas, Jeffrey Maas, Carolyn Mueller, Lois Rucich, George Rucich, Donna Semrow, Harland Semrow, Beverly Singer, Norman A. Singer Trust, Joan Singer, Gordon Singer, Singer Living Trust, Inga Stoellinger, Otto Stoellinger, Catherine Swanton, Swanton Family Trust, Christine Toliver, Alan Toliver, Krista Zimmer and Norman Zimmer, Plaintiffs-Appellants-Petitioners, Hartford Insurance Company of the Midwest, Auto-Owners Insurance Company, Safeco Insurance Company of America and Acuity, a mutual insurance company, Involuntary-Plaintiffs, v. MARKEL INSURANCE COMPANY, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, American Family Mutual Insurance Company and Jeffrey Knaack, Defendants-Respondents. Ted Schwochert, Paul B. Schwochert, Helen Schwochert and Sue Schroeder, Plaintiffs-Appellants-Petitioners, v. Markel Insurance Company, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, American Family Mutual Insurance Company and Jeffrey Knaack, Defendants-Respondents. Wisconsin Department of Natural Resources, Plaintiff, v. Markel Insurance Company, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, American Family Mutual Insurance Company and Jeffrey Knaack, Defendants.

Supreme Court of Wisconsin.

Decided March 26, 2009.


Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Mark L. Thomsen, Charles David Schmidt, and Cannon & Dunphy, S.C., Brookfield, and oral argument by Charles David Schmidt.

For the defendants-respondents there was a brief filed by John V. McCoy, Brian D. Parish, and McCoy & Hofbauer, S.C., Waukesha, and oral argument by John V. McCoy.

An amicus curiae brief was filed by Charlotte Gibson, assistant attorney general, with whom on the brief was J.B. Van Hollen, attorney general, on behalf of the Wisconsin Department of Natural Resources.


¶ 1 ANNETTE KINGSLAND ZIEGLER, J.

This is a review of a published court of appeals' decision1 that affirmed the decision of the Waushara County Circuit Court, Thomas T. Flugaur, Judge. The circuit court concluded that Heritage Farms, Inc.2 could not be awarded double damages and attorney fees pursuant to Wis. Stat. § 26.21(1) (2007-08)3 because that statute applies only...

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