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WESTERN CASUALTY & SURETY CO. v. BUDRUS

No. 82-1501.

112 Wis.2d 348 (1983)

332 N.W.2d 837

WESTERN CASUALTY & SURETY COMPANY, a foreign corporation, Plaintiff-Respondent, v. Edward C. BUDRUS, a/k/a Ed Budrus, Defendant-Appellant, August RICHTER, Defendant.

Court of Appeals of Wisconsin.

Decided March 22, 1983.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of Gay, Collman & Cameron and Richard A. Collman of Thorp.

For the respondent the cause was submitted on the brief of David E. Richie and Herrick, Hart, Duchemin, Danielson & Guettinger, S.C., of Eau Claire.

Before Foley, P.J., Dean and Cane, JJ.

CANE, J.

August Richter appeals from a summary judgment dismissing his counterclaim against Edward Budrus' insurer, Western Casualty and Surety Company. The issue on appeal is whether Western, under the terms of its policy, has an obligation to defend Budrus for the sale of mistagged seed to Richter. Because we conclude that Western has an obligation to defend, we reverse.

The facts are undisputed, and the action...

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