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HERITAGE MUT. INS. v. TRUCK INS. EXCHANGE

No. 93-2021.

184 Wis.2d 247 (1994)

516 N.W.2d 8

HERITAGE MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. TRUCK INSURANCE EXCHANGE, Gillfoy Printing Company, Inc. and Marlin Benkowski, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided April 26, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Andrew M. Bath, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Fellows, Piper & Schmidt by Steven T. Caya, of Milwaukee.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

WEDEMEYER, P.J.

Heritage Mutual Insurance Company appeals from a judgment finding that Truck Insurance Exchange was not liable for losses Heritage paid to its insured, Hart Engraving Company, due to a fire. The judgment in favor of Truck Insurance was based on the trial court's conclusion that a clause in the lease between Gillfoy Printing Company, Inc., the owner of the building that was burned, and Hart, a tenant in the...

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