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HATHAWAY v. CEDARBURG MUT. INS. CO.

No. 92-3200.

177 Wis.2d 728 (1993)

503 N.W.2d 5

John R. HATHAWAY and Paula S. Hathaway, Plaintiffs-Appellants, v. CEDARBURG MUTUAL INSURANCE COMPANY, Defendant-Respondent, OSHKOSH HOME BUILDING CENTER, INC., Defendant, TRUSSCO, INC., and Truss Manufacturing, Inc., Defendants-Third Party Plaintiffs-Cross-Defendants, HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Third Party Plaintiff, v. Terry HATHAWAY, Third Party Defendant, Alvin CURTIS, Third Party Defendant-Cross-Claimant.

Court of Appeals of Wisconsin.

Decided June 16, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Michael D. Golden of Dempsey, Magnusen, Williamson & Lampe of Oshkosh.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert J. Asti and James F. Parks of Levy & Levy, S.C. of Cedarburg.

Before Nettesheim, P.J., Anderson and Snyder, JJ.

ANDERSON, J.

John and Paula Hathaway appeal from the trial court's grant of summary judgment to Cedarburg Mutual Insurance Company denying their claims that the homeowner's policy issued by Cedarburg Mutual covered the collapse of their home. The Hathaways argue that the improperly designed truss system which caused the collapse was a "defective material" or "method in construction" under the policy. We affirm on the basis...

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