BEACON BOWL v. WIS. ELEC. POWER CO.

No. 91-0862.

176 Wis.2d 740 (1993)

501 N.W.2d 788

BEACON BOWL, INC., a domestic corporation, Allen Krzykowski and Barbara Krzykowski, Plaintiffs, WEST BEND MUTUAL INSURANCE COMPANY, a domestic corporation and Tower Insurance Company, Inc., a domestic corporation, Plaintiffs-Respondents-Cross Respondents-Cross Appellants, v. WISCONSIN ELECTRIC POWER COMPANY, a domestic corporation, Defendant-Appellant-Cross Respondent, PINKY ELECTRIC INCORPORATED, a domestic corporation, Defendant-Third Party Plaintiff-Respondent-Cross Appellant-Cross Respondent, v. CITY OF NEW BERLIN and Donald Steinbach, Third Party Defendants.

Supreme Court of Wisconsin.

Decided June 9, 1993.


Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent there were briefs (in the court of appeals & supreme court) by John E. Feldbruegge, Gerald R. Harmon, Dorothy H. Dey and Quale, Feldbruegge, Calvelli, Thom & Croke, Madison and oral argument by John E. Feldbruegge.

For the defendant-third party plaintiff-respondent-cross appellant-cross respondent there were briefs by Robert D. Scott, Erika T. Flierl and Frisch Dudek, Ltd., Milwaukee and oral argument by Robert D. Scott.

For the plaintiffs-respondents-cross respondents-cross appellants there were briefs by Terry J. Booth and Fellows, Piper & Schmidt, Milwaukee and oral argument by Terry J. Booth.

Amicus Curiae brief was filed by Griffin G. Dorschel and Axley Brynelson, Madison for Wisconsin Utilities Association, Inc.


LOUIS J. CECI, J.

This case comes before the court on certification by the court of appeals, District II, pursuant to sec. (Rule) 809.61, Stats.

In 1985, a fire extensively damaged the Beacon Bowl restaurant, bar, and bowling alley. West Bend Mutual Insurance Company and Tower Insurance Company, Inc. (insurers) paid their insureds for damages caused by the fire and, as subrogated plaintiffs, sued Wisconsin Electric...

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