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NOVAK v. AMERICAN FAMILY MUT. INS. CO.

No. 93-0454.

183 Wis.2d 133 (1994)

515 N.W.2d 504

Louis R. NOVAK, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a domestic corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided March 15, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Robert L. Elliott of Hausmann-McNally, S.C., of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of James T. Murray, Jr. and Ronald G. Pezze, Jr., of Peterson, Johnson & Murray, S. C., of Milwaukee.

Before Sullivan, Fine and Schudson, JJ.

SULLIVAN, J.

The issue in this case is whether the trial court correctly granted summary judgment in favor of American Family Mutual Insurance Company on the basis that American had no duty to defend upon exhaustion of its policy limit by payment of a settlement. Louis R. Novak appeals from a final order in which the trial court: denied Novak's motion for partial summary judgment against American Family, his liability insurer; granted American Family's motion for...

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