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SHOREWOOD SCHOOL DIST. v. WAUSAU INS.

Nos. 90-1440, 90-1707.

168 Wis.2d 390 (1992)

484 N.W.2d 314

SCHOOL DISTRICT OF SHOREWOOD, a school district, Plaintiff-Appellant, v. WAUSAU INSURANCE COMPANIES, an insurance corporation, and Continental Casualty Company, a foreign corporation, Defendant-Respondents. SCHOOL DISTRICT OF GREENFIELD, a school district, Plaintiff-Appellant, v. WAUSAU INSURANCE COMPANIES, an insurance corporation, and U.S. Fire Insurance Company, a foreign corporation, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided May 20, 1992.

Attorney(s) appearing for the Case

For the plaintiffs-appellants, there was a brief by Warren L. Kreunen, Timothy G. Dugan, and von Briesen & Purtell, S.C. and oral argument by Mr. Dugan.

For the defendant-respondent, Continental Casualty Company, there were brief by Edward A. Hannan, M. Susan Maloney, Marjorie M. Greene and Godfrey, Trump and Hayes, Milwaukee and oral argument by Mr. Hannan.

For the defendant-respondent, Wausau Insurance Companies, there were briefs (in the Court of Appeals) by James G. Doyle, Paul J. Kelly and Schellinger & Doyle, Brookfield and oral argument by Mr. Kelly.

For the defendant-respondent, U.S. Fire Insurance Company, there were briefs (in the Court of Appeals) by John M. Swietlik, John E. Cain and Kasdorf, Lewis & Swietlik, S.C., Milwaukee and oral argument by Mr. Swietlik.

Amicus Curiae brief was filed by Charles H. Bohl, Tamara A. Hayes, and Frisch Dudek, Ltd., Milwaukee for Wisconsin Counties Association.

SHIRLEY S. ABRAHAMSON, J.

This is an appeal from judgments of the circuit court for Milwaukee County, Victor Manian, Circuit Judge, granting the insurance carriers' motions for summary and declaratory judgment and denying the school districts' motions for summary and declaratory judgment.

These cases center on the term "damages" as that term is used in insurance policies promising to pay sums that the insureds are "legally obligated to pay as damages." The...

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