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NEWHOUSE v. CITIZENS SECURITY MUT. INS.

No. 91-1802.

170 Wis.2d 456 (1992)

489 N.W.2d 639

Robert C. NEWHOUSE, by his Guardian ad Litem, Ardell W. Skow, Charles E. Newhouse and Bonnie Newhouse, Plaintiffs-Respondents-Cross Appellants, v. CITIZENS SECURITY MUTUAL INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Appellant-Cross Respondent, Floyd OMANN, Don Paul Novitzke and XYZ Insurance Company, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided August 4, 1992.

Attorney(s) appearing for the Case

On behalf of plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Lila M. Hambleton, Ardell W. Skow and Matthew A. Biegert of Doar, Drill & Skow, S.C. of Baldwin, and orally argued by Matthew A. Biegert.

On behalf of defendant-third-party plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of and orally argued by Terrence M. Gherty of Gherty & Gherty, S.C. of Hudson.

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

LaROCQUE, J.

Citizens Security Mutual Insurance Company appeals a summary judgment holding that it breached its duty to defend its insured, Floyd Omann. The judgment awards Floyd's assignee, Robert Newhouse, over $724,000, the amount of the judgment against Floyd in an underlying personal injury action. The judgment also awards costs and fees for frivolous claims Citizens filed seeking contribution against Floyd and his attorney. In a previous appeal arising out of...

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