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WHEDA v. VEREX ASSUR., INC

No. 89-0754.

166 Wis.2d 636 (1992)

480 N.W.2d 490

WISCONSIN HOUSING & ECONOMIC DEVELOPMENT AUTHORITY, Plaintiff-Respondent, v. VEREX ASSURANCE, INC., a Wisconsin insurance corporation, Defendant-Substituted-Plaintiff-Appellant-Petitioner, IDL MORTGAGE CORPORATION, Defendant-Third Party Plaintiff, v. Doris SMITH, Marlene Ramsey, Crown Realty Company, Inc., Milton Dizack, Andrew Mosby, Lillie Mae Mosby, Lillie Hayes, Century 21 Cambridge Realty, Inc., Gerry Kopps, Emil Harder, Thomas Brainard, David B. Beving and Rosie V. Nonn, f/k/a Rosie Beving, Third Party Defendants.

Supreme Court of Wisconsin.

Decided March 4, 1992.

Attorney(s) appearing for the Case

For the defendant-substituted-plaintiff-appellantpetitioner there were briefs by Daniel W. Hildebrand, Joseph A. Ranney and Ross & Stevens, S.C., Madison and oral argument by Mr. Hildebrand.

For the plaintiff-respondent there was a brief by Jon P. Axelrod, Margaret A. Satterthwaite, William D. Mollway and DeWitt, Porter, Huggett, Schumacher & Morgan, S.C., Madison and oral argument by Mr. Axelrod.

Amicus Curiae brief was filed by Kevin D. King, Madison for Wisconsin Realtors Association and Wisconsin League of Financial Institutions, Limited.

Amicus Curiae brief was filed by Claude J. Covelli, Bonnie A. Wendorff and Boardman, Suhr, Curry & Field, Madison for Wisconsin Insurance Alliance and Wisconsin Association of Life and Health Insurers.

LOUIS J. CECI, J.

This case is before the court on petition for review of a published decision of the court of appeals, WHEDA v. Verex Assurance, 159 Wis.2d 57, 464 N.W.2d 10 (Ct. App. 1990). The court of appeals affirmed a decision of the circuit court for Dane County, Jack Aulik, Circuit Judge. The court of appeals held that sec. 631.36, Stats. 1987-88,1

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