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ELLIOTT v. DONAHUE

No. 90-2618.

163 Wis.2d 1059 (1991)

473 N.W.2d 155

Karen ELLIOTT, Plaintiff, v. Michael G. DONAHUE, Defendant-Appellant, HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Respondent, David M. MIKRUT, Michael G. McErlean, Allstate Insurance Company and the Cincinnati Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided July 17, 1991.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David A. Hudec of Hudec Law Offices of East Troy.

On behalf of defendant-respondent, the cause was submitted on the brief of James W. Mohr, Jr. of Mohr & Ratzel, S.C. of Hartford.

Before Nettesheim, P.J., Scott and Anderson, JJ.

ANDERSON, J.

Michael G. Donahue appeals from an order of the trial court denying his motion for payment from Heritage Mutual Insurance Company of attorney's fees that Donahue incurred in defending himself against claims filed by third parties and in contesting Heritage Mutual's denial of coverage. The trial court held that because Heritage Mutual acted promptly to contest coverage under its liability insurance policy it was not chargeable for actual attorney's fees...

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