SEATS INC. v. NUTMEG INS. CO.

No. 92-0857.

178 Wis.2d 219 (1993)

504 N.W.2d 613

SEATS INCORPORATED, a Wisconsin Corporation, Plaintiff-Respondent, v. NUTMEG INSURANCE COMPANY, and Hartford Insurance Group, a Foreign Insurance Corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided June 17, 1993.


Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the briefs of Harry Sauthoff, Jr. of LaRowe & Gerlach, S.C. of Madison.

For the plaintiff-respondent the cause was submitted on the brief of Clyde C. Cross of Cross, Jenks, Mercer and Maffei of Baraboo.

Before Gartzke, P.J., Dykman and Sundby, JJ.


DYKMAN, J.

Nutmeg Insurance Company appeals from a grant of summary judgment to Seats Incorporated holding Nutmeg liable for costs incurred by Seats to defend and settle a product liability suit. The issue is whether the trial court erred in determining that Nutmeg's excess policy did not require Seats to carry underlying insurance coverage, and that any recovery by Seats was subject only to a $10,000 selfinsured retention.

We conclude that the policy did...

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