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PROF. OFFICE BLDGS v. ROYAL INDEM

No. 87-2078.

145 Wis.2d 573 (1988)

427 N.W.2d 427

PROFESSIONAL OFFICE BUILDINGS, INC., a Wisconsin corporation, Eleanor Touchett, Personal Representative of the Estate of A.L. Touchett, as assignee of Touche Leasing Corporation, a Delaware corporation, James C. George and Audrey George, individually and as assignees of Professional Office Buildings, Inc., Touche Leasing Corporation, and Eleanor Touchett, Personal Representative of the Estate of A.L. Touchett, Plaintiffs-Appellants, v. ROYAL INDEMNITY COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin

Decided June 23, 1988.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Jon P. Axelrod, Ronald R. Ragatz, and Paul G. Kent, of DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., of Madison.

For the defendant-respondent the cause was submitted on the brief of John H. Schmid, Jr., and Axley Brynelson of Madison, and Paul W. Schwarzenbart of Lee, Johnson, Kilkelly & Nichol, S.C., of counsel, of Madison.

Before Gartzke, P.J., Dykman and Eich, JJ.

EICH, J.

Professional Office Buildings, Inc. (POB), and other parties appeal from a summary judgment dismissing their complaint against the Royal Indemnity Company. POB, the owner of two liability policies issued by Royal,1 sued to obtain coverage for its liability to a third party as determined in a Mississippi lawsuit. The issues are: (1) whether an insurer's duty to defend its insured is...

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