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DECADE'S MONTHLY FUND v. WHYTE & HIRSCHBOECK

No. 90-2793.

164 Wis.2d 227 (1991)

474 N.W.2d 766

DECADE'S MONTHLY INCOME & APPRECIATION FUND, a limited partnership, by its general partners, Jeffrey Keierleber and Harold Barian, d/b/a Decade Companies, a Wisconsin partnership, Decade Securities Corporation and Decade Properties, Inc., Plaintiffs-Appellants, v. WHYTE & HIRSCHBOECK, S.C., Alvin Kriger and Attorneys' Liability Assurance Society, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 13, 1991.

Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Quarles & Brady by Matthew J. Flynn, Michael G. Carter and Colleen A. Scherkenbach, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Gibbs, Roper, Loots & Williams, S.C. by Clay R. Williams, Robert L. Gegios and Jeffrey A. Kaczmarski, of Milwaukee.

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

MOSER, P.J.

Decade's Monthly Income and Appreciation Fund (Decade's) appeals from an order granting summary judgment to Attorneys' Liability Assurance Society, Inc. (ALAS), the malpractice insurer of Whyte & Hirschboeck, S.C. (W&H), dismissing it from the case. The trial court held that because ALAS' policy of malpractice insurance was an indemnity policy, it is not subject to the requirements of secs. 803.04(2)(a) and 632.24, Stats., and therefore, Decade...

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