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APPLETON CHINESE FOOD v. MURKEN INS.

No. 93-1948.

185 Wis.2d 791 (1994)

519 N.W.2d 674

APPLETON CHINESE FOOD SERVICE, INC., d/b/a Dragon Gate Restaurant, Shyh Fann Tyan and Bin Ti Tyan, Plaintiffs-Respondents, v. MURKEN INSURANCE, INC. and Utica Mutual Insurance Company, Defendants-Appellants, UNITED FIRE & CASUALTY COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided June 7, 1994.

Attorney(s) appearing for the Case

On behalf of defendants-appellants, the cause was submitted on the briefs of Burton A. Strnad of Milwaukee.

On behalf of plaintiffs-respondents, the cause was submitted on the brief of Christopher H. Evenson and Sigman, Janssen, Stack, Wenning & Sutter of Appleton.

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

LaROCQUE, J.

Murken Insurance, Inc., and its errors and omissions carrier, Utica Mutual Insurance Company, appeal a judgment awarding damages to Appleton Chinese Food Service, Inc. (ACFS) and Shyh Fann Tyan and Bin Ti Tyan, for their damages arising from Murken's negligent failure to procure requested insurance coverage. ACFS, owned by the Tyans, ran the Dragon Gate Restaurant in a building also owned by the Tyans. When a fire destroyed the building, the Tyans discovered...

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