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POSTON v. U. S. FIDELITY & GUARANTY CO.

No. 81-496.

107 Wis.2d 215 (1982)

320 N.W.2d 9

Stephanie POSTON, Plaintiff-Appellant, v. UNITED STATES FIDELITY & GUARANTY COMPANY, Plymouth Rock Campground, Ltd., Jake & Phyllis Schmitt, Badger Mutual Insurance Co., Thomas J. Coyne, Thomas Daniel Coyne, The Continental Insurance Company, DuWayne Bruckner, Daniel Bruckner, Clinton Kollauf, Lita Burmeister, Associated Hospital Services, Inc. and Economy Fire & Casualty Company, a foreign corporation, Defendants, BADGER MUTUAL INSURANCE COMPANY and DuWayne Bruckner, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 25, 1982.

Attorney(s) appearing for the Case

For the plaintiff-appellant there was a brief by Milton S. Padway of Padway & Padway of Milwaukee. Oral argument by Milton S. Padway.

For the defendants-respondents there were briefs by Robert E. Wrenn of Gibbs, Roper, Loots & Williams of Milwaukee and Todd M. Weir of Otjen & Van Ert, S.C. of Milwaukee. Oral argument by Robert E. Wrenn and Todd M. Weir.

Before Voss, P.J., Brown and Scott, JJ.

BROWN, J.

Appellant Stephanie Poston appeals from summary judgments granted in favor of the respondents Badger Mutual Insurance Company and DuWayne Bruckner. The trial court found in favor of Badger Mutual, holding that a conviction for injury by conduct regardless of life triggered a policy exclusion based on intentional or expected acts, thereby foreclosing a civil suit. The court also found for Bruckner, holding that, as a noncustodial parent, he did not have legal...

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