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SCHAUB v. WEST BEND MUTUAL

No. 94-2174.

195 Wis.2d 181 (1995)

536 N.W.2d 123

Jeffrey J. SCHAUB, and Cathy K. Schaub, Michael Schaub and Daniel Schaub, by their Guardian Ad Litem, William Farrell, Plaintiffs, v. WEST BEND MUTUAL, Defendant, OSCAR J. BOLDT CONSTRUCTION COMPANY and United States Fidelity and Guaranty Company, Defendants-Third Party Plaintiffs-Appellants, v. N. J. SCHAUB & SONS, INC., a Wisconsin corporation, and West Bend Insurance Company, Inc., a domestic insurance company, Third Party Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 7, 1995.

Attorney(s) appearing for the Case

On behalf of the defendants-third party plaintiffsappellants, the cause was submitted on the briefs of Edward A. Hannan, M. Susan Maloney, and Jeffrey L. Janik of Godfrey, Braun & Hayes of Milwaukee.

On behalf of the third party defendants-respondents, the cause was submitted on the brief of Patrick W. Brennan and Jill M. Munson of Crivello, Carlson, Mentkowski & Steeves of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

The law in Wisconsin is clear that the immunity from suit enjoyed by employers pursuant to our Worker's Compensation Act may be waived.1 The issue in this case is whether a comprehensive indemnification agreement whereby a company agreed to accept responsibility for injuries to persons on a jobsite must expressly waive worker's compensation immunity before that company can be exposed to liability when the person injured is an...

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