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FIRE INS. EXCHANGE v. BASTEN

No. 94-3377-FT.

195 Wis.2d 260 (1995)

536 N.W.2d 150

FIRE INSURANCE EXCHANGE, Plaintiff-Respondent, v. Dale M. BASTEN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 13, 1995.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Avram D. Berk of Robinson, Robinson, Peterson, Berk & Cross of Appleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Robert N. Duimstra of Menn, Nelson, Sharratt, Teetaert & Beisenstein, Ltd. of Appleton.

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

CANE, P.J.

Dale M. Basten appeals a declaratory judgment finding that Fire Insurance Exchange had no duty to defend and indemnify Basten in the lawsuit brought against him and others by Susan Monfils.1

Basten contends that the declaratory judgment action was improper procedure. Because we conclude that bringing a declaratory judgment action separate from the underlying lawsuit was not improper, we affirm the trial court.

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