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PATRICK v. HEAD OF LAKES COOPERATIVE ELEC. ASS'N.

No. 79-1452.

98 Wis.2d 66 (1980)

295 N.W.2d 205

Charles R. PATRICK, Plaintiff, v. HEAD OF the LAKES COOPERATIVE ELECTRIC ASSOCIATION, Defendant-Appellant and Cross-Respondent, FEDERATED RURAL ELECTRIC INSURANCE COMPANY, Defendant-Respondent and Cross-Appellant.

Court of Appeals of Wisconsin.

Decided June 24, 1980.

Attorney(s) appearing for the Case

For the defendant-appellant and cross-appellant the cause was submitted on the briefs of Jeffrey A. Lee, David M. Weiby, and Davis, Witkin, Weiby & Maki, S.C., of Superior.

For the defendant-respondent and cross-appellant the cause was submitted on the briefs of James L. Cirilli and Borg, McGill, Peterson, McDonald & Cirilli of Superior.

Before Donlin, P.J., Foley, J., and Dean, J.

FOLEY, J.

Federated Rural Electric Insurance Company refused to defend Head of the Lakes Cooperative Electric Association, its insured, in an action brought by Charles Patrick for damages resulting from the Cooperative's intentional cutting of Patrick's trees. Some or all of the trees were within an unrecorded easement held by the Cooperative over Patrick's property. The trial court ruled that Federated had a duty to defend and awarded the Cooperative defense fees...

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