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CIESLEWICZ v. MUTUAL SERVICE CAS. INS. CO.

No. 76-050.

84 Wis.2d 91 (1978)

267 N.W.2d 595

CIESLEWICZ, by John D. Finerty, her Guardian ad Litem, and another, Plaintiffs-Respondents, v. MUTUAL SERVICE CASUALTY INSURANCE COMPANY, and others, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 30, 1978.

Attorney(s) appearing for the Case

For the appellant there were briefs by Tom E. Hayes, Edward A. Hannan, and Hayes & Hayes of Milwaukee, and oral argument by Tom E. Hayes.

For the respondents there was a brief by John D. Finerty, Charles D. Clausen, and Friebert & Finerty of Milwaukee, and oral argument by Mr. Clausen.

Brief Amicus Curiae for Wisconsin Academy of Trial Lawyers was filed by William L. McCusker of Madison, Theodore B. Hertel, Jr., Irving D. Gaines, and David A. Saichek of Milwaukee.

HEFFERNAN, J.

This case presents the question whether a homeowner's liability insurance policy which covers "all sums which the Insured shall become legally obligated to pay as damages because of bodily injury" obligates the insurer to pay treble damages imposed upon the insured pursuant to statute.

On August 30, 1974, nine-year-old Lynn J. Cieslewicz was bitten by a German Shepherd dog owned and cared for by Richard T. Fakler and his father, Robert A. Fakler...

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