NEWHOUSE v. CITIZENS SECURITY MUT. INS.

No. 91-1802.

176 Wis.2d 824 (1993)

501 N.W.2d 1

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

Supreme Court of Wisconsin.

Decided June 15, 1993.


Attorney(s) appearing for the Case

For the plaintiffs-respondents-cross appellants-petitioners there were briefs by Ardell W. Skow, Matthew A. Biegert and Doar, Drill & Skow, S.C., New Richmond and oral argument by Matthew A. Biegert.

For the defendant-third party plaintiff-appellant-cross respondent-cross petitioner there were briefs by Terrence M. Gherty, Susan Schleif Gherty and Gherty and Gherty, S.C., Hudson and oral argument by Susan Schleif Gherty.

Amicus Curiae brief was filed by Linda M. Clifford, Noreen J. Parrett and LaFollette & Sinykin, Madison for The National Association of Independent Insurers and The Wisconsin Insurance Alliance.


JON P. WILCOX, J.

This is a review of a published court of appeals decision1 that affirmed in part, and reversed in part, a summary judgment by circuit court Judge Gregory A. Peterson. The circuit court found that Citizen's Security Mutual Insurance Company (Citizens) breached its duty to defend its insured, Floyd Omann. The judgment awards Floyd's assignees, Robert C. Newhouse and his parents...

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