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NICHOLS v. AMERICAN EMPLOYERS INS. CO.

No. 86-1821.

140 Wis.2d 743 (1987)

412 N.W.2d 547

Charles E. NICHOLS, Plaintiff-Respondent, v. AMERICAN EMPLOYERS INSURANCE COMPANY and Commercial Union Insurance Co., Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided July 22, 1987.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants there were briefs and oral argument by Alice M. Shuman of Albert, Jude & Van Remmen, S.C., of Racine.

On behalf of the plaintiff-respondent there was a brief and oral argument by Charles H. Constantine of Constantine, Christensen, Krohn & Kerscher, S.C., of Racine.

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

BROWN, P.J.

The issue is whether the insurer in this case had a duty to defend its insured in a sexual harassment action before the Equal Rights Division of the Department of Industry, Labor and Human Relations. The trial court agreed with the insured that since the insurance policy provided for coverage against defamation claims and since a defamatory statement was arguably subsumed within the sexual harassment action, there was a duty to defend. We hold that this...

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