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BERG v. SCHULTZ

No. 94-0984.

190 Wis.2d 170 (1994)

526 N.W.2d 781

Jeffry M. BERG, Plaintiff-Respondent, SUMMIT FIDELITY & SURETY COMPANY, Intervenor-Appellant, v. Elizabeth SCHULTZ, individually and d/b/a, Schultz's Bar, Defendant-Third Party Plaintiff-Respondent, v. Brad LUOSTARI, Third-Party Defendant.

Court of Appeals of Wisconsin.

Decided December 13, 1994.

Attorney(s) appearing for the Case

On behalf of the intervenor-appellant, the cause was submitted on the briefs of Marko J. Mrkonich, Jeffrey J. Bouslog and Craig A. Cook of Oppenheimer, Wolff & Donnelly of Minneapolis.

On behalf of the defendant-third-party plaintiffrespondent, the cause was submitted on the brief of Boad S. Swanson of Markovich, Cochrane & Milliken of Superior.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Summit Fidelity and Surety Company appeals a summary judgment granted in favor of Jeffry Berg and Elizabeth Schultz individually and Schultz's Bar (collectively Schultz) based on the determination that Summit owes a duty to defend and indemnity Schultz as to the claims asserted against the bar.1 Summit contends that there was no coverage under the insurance policy because Berg's injuries "arose out of" and assault and/or battery...

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