BEAHM v. PAUTSCH

No. 92-1615.

180 Wis.2d 574 (1993)

510 N.W.2d 702

Mary P. BEAHM, Individually and as Special Administrator for Estates of Kenneth R. and David J. Beahm, Plaintiff-Co-Appellant, v. Gary L. PAUTSCH, Valley Forge Insurance Company, Defendants-Appellants, WILSON MUTUAL INSURANCE COMPANY, Defendant-Respondent, Brian D. BRASKAMP, James A. Pratt, Minnesota Mutual Fire & Casualty Company, Defendants, Norbert F. MITTELSTADT, Integrity Mutual Insurance Company, Defendants-Co-Appellants, STATE of Wisconsin, American Family Mutual Insurance Company, Wisconsin Physician's Service Insurance Corporation, as Administrator for the State of Wisconsin Employee Trust Fund, and the Dean Health Plan, Inc., Defendants, William G. VAN EPERN, and Heritage Mutual Insurance Company, Defendants-Third Party Plaintiffs, Daniel A. KOCH, and General Casualty Company of Wisconsin, Third Party Defendants-Co-Appellants, Robert R. BYERLY, Defendant-Third Party Plaintiff-Co-Appellant, BECKER MOTOR SERVICE, INC., Defendant-Third Party Plaintiff, BESTWAY MOTOR FREIGHT, INC., Continental Western Insurance Company, Defendants-Third Party Plaintiffs-Co-Appellants, CONTINENTAL WESTERN CASUALTY COMPANY, Defendant-Third Party Plaintiff, v. Daniel KOCH, Estate of Russell W. Kent, by Jelane D. Kent, Personal Representative for the Estate of Russell W. Kent, General Casualty Company of Wisconsin, Jon M. Schiel, Janesville Auto Transport, Roger Smerling, and Farmers Insurance Exchange, Third Party Defendants.

Supreme Court of Wisconsin.

Decided December 2, 1993.


Attorney(s) appearing for the Case

For the plaintiff-co-appellant the cause was submitted on the briefs of Robert L. Jaskulski of Domnitz, Mawicke, Goisman & Rosenberg, S.C. of Milwaukee.

For the defendants-co-appellants the cause was submitted on the briefs of James C. Herrick, Jr. of Herrick Law Office, S.C. of Fond du Lac.

For the defendants-appellants the cause was submitted on the briefs of Thomas A. Lorenson of Colwin & English, S.C. of Fond du Lac.

For the defendant-respondent the cause was submitted on the brief of James O. Conway of Olsen, Kloet, Gunderson & Conway of Sheboygan.

Before Eich, C.J., Dykman and Sundby, JJ.


SUNDBY, J.

This is an action to determine whether Wilson Mutual Insurance Company's farm policy provides coverage for its insured's liability in very unusual circumstances. On April 13, 1989, Wilson Mutual's insured, Brian Braskamp, set fires to burn off "winter" grass on property owned by others, allegedly with their permission. The fires became uncontrollable; smoke blew across State Trunk Highway 151 in Dodge County...

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