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BROGAN v. INDUSTRIAL CAS. INS. CO.

No. 85-0675.

132 Wis.2d 229 (1986)

392 N.W.2d 439

Robert A. BROGAN, Plaintiff-Respondent, v. INDUSTRIAL CASUALTY INSURANCE COMPANY, a foreign mutual legal reserve company, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 1, 1986.

Attorney(s) appearing for the Case

For the plaintiff-respondent the cause was submitted on the briefs of Kersten & McKinnon by E. Campion Kersten, of Milwaukee.

For the defendant-appellant the cause was submitted on the briefs of Mulcahy & Wherry, S.C., with William J. Mulligan, Mary A. Moore and Ernest J. Philipp of counsel, of Milwaukee.

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

SULLIVAN, J.

Industrial Casualty Insurance Company (Industrial) appeals a judgment awarding damages to Robert A. Brogan (Brogan) for Industrial's breach of contract. Because the contract was not void, we affirm the court's finding of liability. Because the jury's damages verdict is supported by the evidence, except for $37,280 which Industrial already paid Brogan, we affirm the judgment after modifying it. Because we are reducing the damages awarded by the jury, the...

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