HARTLAND CICERO MUT. INS. CO. v. ELMER

No. 84-589.

122 Wis.2d 481 (1984)

363 N.W.2d 252

HARTLAND CICERO MUTUAL INSURANCE COMPANY, a Wisconsin insurance corporation, Plaintiff-Appellant, v. Marshall W. ELMER, Defendant-Respondent, Terry LEMBCKE, Defendant.

Court of Appeals of Wisconsin.

Decided December 26, 1984.


Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the briefs of William A. Woodrow of Adams, Woodrow & Woodrow, S.C., of Neenah.

For the defendant-respondent, the cause was submitted on the brief of Ruth J. Weber of Byrne, Bubolz & Weber, of Appleton.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.


SCOTT, C.J.

Hartland Cicero Mutual Insurance Company appeals from that part of a final judgment wherein the trial court ruled that the provisions in an insurance policy which exclude coverage for "all punitive damages" do not exclude coverage for statutory double damages under sec. 26.09, Stats.

The issue in this case is whether a homeowner's liability insurance policy covering "all sums which the insured shall...

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