ST. JOHN'S v. CONTINENTAL CAS.

Nos. 87-2265, 87-2468.

147 Wis.2d 764 (1988)

ST. JOHN'S HOME OF MILWAUKEE, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, and Donald Stevens, d/b/a Stevens Associates, Defendants, ZIMMERMAN DESIGN GROUP, INC., and Knuth Masonry, Inc., Defendants-Third Party Plaintiffs, BECKER CONSTRUCTION COMPANY, INC., Defendant-Third Party Plaintiff-Appellant, AETNA CASUALTY INSURANCE COMPANY and American National Fire Insurance Company, Defendants-Third Party Defendants-Respondents, EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant-Third Party Defendant, HERITAGE MUTUAL INSURANCE COMPANY, and Robert Brust, Third Party Defendants. ST. JOHN'S HOME OF MILWAUKEE, Plaintiff, v. CONTINENTAL CASUALTY COMPANY, and Donald Stevens, d/b/a Stevens Associates, Defendants, ZIMMERMAN DESIGN GROUP, INC., Defendant-Third Party Plaintiff, KNUTH MASONRY, INC., Defendant-Third Party Plaintiff-Appellant, BECKER CONSTRUCTION COMPANY, INC., Defendant-Third Party Plaintiff, AETNA CASUALTY INSURANCE COMPANY, and American National Fire Insurance Company, Defendants-Third Party Defendants, EMPLOYERS MUTUAL CASUALTY COMPANY, Defendant-Third Party Defendant-Respondent, HERITAGE MUTUAL INSURANCE COMPANY, Third Party Defendant-Respondent, Robert BRUST, Third Party-Defendant.

Court of Appeals of Wisconsin.

Decided November 29, 1988.


Attorney(s) appearing for the Case

For the defendant-third party plaintiff-appellant Knuth Masonry, Inc. the cause was submitted on the briefs of Pfannerstill & Camp by Mark M.d Camp, of Wauwatosa.

For the defendant-appellant Becker Construction Co. the cause was submitted on the briefs of Howard, Peterman, Solochek, Grodin & Nashban, S.C. by James S. Grodin, of Milwaukee.

For the respondent Aetna Casualty the cause was submitted on the briefs of Churchill, Duback & Smith by John D. Bird, Jr., of Milwaukee.

For the respondent American National Fire Ins. Co. the cause was submitted on the briefs of Gibbs, Roper, Loots & Williams by John R. Hoaglund, Jr., of Milwaukee.

For the appellant Becker Construction Co. the cause was submitted on the reply brief of Howard, Peterman, Solochek, Grodin & Nashban, S.C., by James S. Grodin, of Milwaukee.

For the defendant-respondent Employers Mutual Casualty Company the cause was submitted on the brief of J. Ric Gass and Joseph J. Ferris, with Kasdorf, Lewis & Swietlik of counsel, of Milwaukee.

For the third party defendant-respondent Heritage Mutual Insurance Company the cause was submitted on the brief of Borgelt, Powell, Peterson & Frauen, S.C. by Reuben W. Peterson and Paul R. Riegel, of Milwaukee.

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


MOSTER, P.J.

This court has consolidated cases 87-2265 and 87-2468 for the purposes of this appeal.1 In case 87-2265, Becker Construction Company, Inc. (Becker) appeals from a judgment of dismissal and an order granted to Aetna Casualty Insurance Company (Aetna) and American National Fire Insurance Company, now known as Great American Insurance Company (American), its comprehensive general liability (CGL) insurance carriers. In case 87...

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