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BERG v. FALL

No. 86-0246.

138 Wis.2d 115 (1987)

405 N.W.2d 701

Robin L. BERG, Jr., Plaintiff, v. James FALL, Defendant-Appellant, STATE FARM INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 10, 1987.

Attorney(s) appearing for the Case

For the defendant-appellant, James Fall, there were briefs submitted by Thomas D. Bell and Lila M. Hambleton of Doar, Drill & Skow, S.C. of New Richmond.

For the defendant-respondent, State Farm Insurance Company, there was a brief submitted by Thomas R. Jacobson and Thomas J. Niemiec of Lommen, Nelson, Cole & Stageberg, P.A. of Hudson.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

James Fall appeals a summary declaratory judgment dismissing his insurer, State Farm Insurance Company, from an action commenced by the plaintiff, Robin Berg. Berg's claim arose when Fall struck him in the face with his fist. Fall argues that because he acted in self-defense, State Farm's policy clause excluding liability coverage for bodily injury "expected or intended by the insured" does not apply to his conduct...

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