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UTICA MUT. INS. CO. v. KLEIN & SON

No. 89-1342.

157 Wis.2d 552 (1990)

460 N.W.2d 763

UTICA MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. KLEIN & SON, INC., a Wisconsin corporation, Klein Insurance Group, a Wisconsin corporation, and Edward Tanke, Defendants-Respondents, The AMERICAN INSURANCE COMPANY a/k/a Fireman's Fund Insurance Companies, a foreign insurance corporation, Defendants.

Court of Appeals of Wisconsin.

Decided August 2, 1990.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of L. E. Sheehan of Moen, Sheehan, Meyer & Henke, Ltd. of La Crosse.

For the defendants-respondents the cause was submitted on the briefs of Thomas M. Fitzpatrick of Fitzpatrick, Smyth, Dunn & Fitzpatrick of La Crosse.

Before Eich, C.J., Gartzke, P.J., and Sundby, J.

SUNDBY, J.

Utica Mutual Insurance Company appeals from a summary judgment declaring that its errors and omissions policy covers a claim against the Klein Insurance Group. Utica Mutual denied coverage because Klein failed to disclose the potential claim when it applied to Utica Mutual for errors and omissions insurance. Klein contends that Minnesota law controls and that under Minnesota law, Utica Mutual waived its right to deny coverage. It argues that, in any event...

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