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KAUN v. INDUSTRIAL FIRE & CAS.

No. 85-1286.

148 Wis.2d 662 (1989)

436 N.W.2d 321

Eileen C. KAUN, Plaintiff-Appellant-Petitioner, BADGER MUTUAL INSURANCE COMPANY, a domestic corporation, Intervenor-Plaintiff-Respondent, v. INDUSTRIAL FIRE & CASUALTY INSURANCE COMPANY and Daniel J. Smith, Defendants.

Supreme Court of Wisconsin.

Decided March 9, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs and oral argument by Morton Gollin, Palm Springs, California.

For the intervenor-plaintiff-respondent there was a brief by Kurt H. Frauen, James M. Fredericks and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, and oral argument by Kurt H. Frauen.

Amicus curiae briefs were filed by Boyd M. McGranaghan and McGranaghan & Stawski, Milwaukee, for Wisconsin Academy of Trial Lawyers; and Eric Englund, Madison, for Wisconsin Insurance Alliance.

LOUIS J. CECI, J.

This is a review of a decision of the court of appeals, Kaun v. Industrial Fire & Casualty Ins. Co., 142 Wis.2d 650, 419 N.W.2d 272 (Ct. App. 1987), which affirmed a judgment of the circuit court for Waukesha county, Willis J. Zick, circuit judge, granting summary judgment to Badger Mutual Insurance Company (respondent). Two issues are presented for review. The first...

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