BENKE v. MUKWONAGO-VERNON MUT. INS. CO.

No. 81-2402.

110 Wis.2d 356 (1982)

329 N.W.2d 243

Jeffrey G. BENKE and Kathy Benke, Plaintiffs-Respondents and Cross-Appellants, v. MUKWONAGO-VERNON MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Appellant and Cross-Respondent.

Court of Appeals of Wisconsin.

Decided December 22, 1982.


Attorney(s) appearing for the Case

For the plaintiffs-respondents and cross-appellants there was a brief submitted by Frank R. Terschan of Frisch, Dudek & Slattery, Ltd. of Milwaukee. Oral argument by Frank R. Terschan.

For the defendant-appellant and cross-respondent there was a brief submitted by John H. Niebler and Roy E. Wagner of Niebler & Niebler of Menomonee Falls. Oral argument by John H. Niebler.

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


BROWN, J.

An insurance company debated the stable owners' claim for windstorm damage, claiming the collapse of the owners' building was due, instead, to snow. The stable owners sued, and a jury found that wind caused the damage, thus making the insurer responsible for coverage. The stable owners further claimed that the insurance company had failed to exercise proper care in investigating the claim. The jury agreed, found...

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