FIDELITY & DEPOSIT CO. v. VERZAL

No. 83-772.

121 Wis.2d 517 (1984)

361 N.W.2d 290

FIDELITY & DEPOSIT COMPANY OF MARYLAND, Plaintiff-Respondent, CAPITOL INDEMNITY CORPORATION, Intervening Plaintiff, v. William C. VERZAL, Daniel A. Schulz, Robert B. Karkow, William B. Volkmann, Nicholas D. Quartaro, Frederick L. Licau, James E. Prellwitz and Victor N. Weiler, d/b/a a Partnership under the Name and Style of Conley, McDonald, Sprague & Co., Certified Public Accountants, and St. Paul Fire & Marine Insurance Company, a foreign insurance corporation, Defendants and Third-Party Plaintiffs-Appellants, CONTINENTAL CASUALTY COMPANY, a foreign insurance corporation, Defendant and Co-Appellant, GENERAL CASUALTY COMPANY OF WISCONSIN, a Wisconsin insurance corporation, Defendant-Respondent, E. Clark ARNOLD, John R. Calwell, Carroll B. Callahan, Reuben Damm, Thomas Duffy, R.E. Frederic, Joseph Lawlor, John Kindschi, Western Surety Company, a foreign insurance corporation, and First National Bank of Columbus, Wisconsin, Third-Party Defendants-Respondents, David C. HANSEN, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided November 19, 1984.


Attorney(s) appearing for the Case

For defendants and third-party plaintiffs-appellants the cause was submitted on the briefs of Borgelt, Powell, Peterson & Frauen, S.C., with Thomas N. Klug and James S. Smith of counsel, of Milwaukee.

For the defendant and third-party plaintiff and appellant Continental Casualty Company, the cause was submitted on the briefs of Godfrey, Trump & Hayes, with Edward A. Hannan of counsel, of Milwaukee.

For third-party defendant-respondent First National Bank of Columbus, Wisconsin, the cause was submitted on the briefs of Curran, Curran & Hollenbeck, with Thomas J. Curran of counsel, of Mauston. For thirdparty defendants-respondents E. Clark Arnold, et al., the cause was submitted on the briefs of Cross, Mercer & Maffei, with Clyde C. Cross of counsel, of Baraboo.

For defendant-respondent General Casualty Company of Wisconsin the cause was submitted on the briefs of Kluwin, Dunphy & Hankin, with John A. Kluwin and Daniel A. Riedl of counsel, of Milwaukee.

For plaintiff-respondent Fidelity & Deposit Company of Maryland the cause was submitted on the briefs of Tomlinson, Gillman & Travers, S.C., with Bruce Gillman of counsel, of Madison.

Before Wedemeyer, P.J., Moser and Sullivan, JJ.


SULLIVAN, J.

William C. Verzal, et al., doing business as Conley, McDonald, Sprague & Co., certified public accountants, and their insurer, St. Paul Fire & Marine Insurance Company (collectively, the accountants), appeal from a summary judgment dismissing their thirdparty complaint against the officers and directors of First National Bank of Columbus, Wisconsin (the directors). Because the accountants had no cause of action for contribution against the directors...

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