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RENTMEESTER v. WIS. LAWYERS MUT. INS.

No. 90-2443.

164 Wis.2d 1 (1991)

473 N.W.2d 160

Marvin A. RENTMEESTER and Myrtle J. Rentmeester, his wife, Plaintiffs-Respondents, v. WISCONSIN LAWYERS MUTUAL INSURANCE COMPANY, Defendant-Respondent-Cross-Respondent, William HINKFUSS, Defendant-Third-Party Plaintiff-Respondent-Cross-Appellant, v. CONTINENTAL CASUALTY COMPANY, Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 23, 1991.

Attorney(s) appearing for the Case

On behalf of the third-party defendant-appellant, the cause was submitted on the briefs of Jerome E. Smyth and Jon M. Counsell, Liebmann, Conway, Olejniczak & Jerry, S.C., of Green Bay.

On behalf of the defendant-third-party plaintiff-respondent-cross-appellant, the cause was submitted on the brief of Thomas L. Schober and Dean R. Rohde, Schober & Ulatowski, S.C., of Green Bay.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Nila Jean Robinson and Auram D. Berk, Robinson, Robinson, Peterson, Berk & Cross, of Appleton.

On behalf of the defendant-respondent-cross-respondent, the cause was submitted on the briefs of William W. Ehrke, Quale, Feldbruegge, Calvelli, Thom & Croke, S.C., of Milwaukee.

Before Cane, P.J., LaRocque and Myse, JJ.

MYSE, J.

Continental Casualty Company (CNA) appeals a judgment requiring CNA to defend and to provide coverage to attorney William Hinkfuss in Marvin and Myrtle Rentmeesters' legal malpractice action against Hinkfuss. CNA contends that because the Rentmeesters made no claim during the CNA policy period as required by its claims made policy, it owes no duty to defend or provide coverage to Hinkfuss. Alternatively, CNA contends that coverage should be denied

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