TOWNE REALTY, INC. v. ZURICH INS. CO.

No. 94-1743.

193 Wis.2d 544 (1995)

534 N.W.2d 886

TOWNE REALTY, INC., Joseph Zilber, Donald Grande and Gerald Stein, Plaintiffs-Respondents, v. ZURICH INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 18, 1995.


Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Paul J. Pytlik of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

For the plaintiffs-respondents the cause was submitted on the brief of Michael R. Wherry and James E. Culhane of Davis & Kuelthau, S.C. of Milwaukee.

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


MYSE, J.

Zurich Insurance Company appeals a summary judgment concluding that it breached its duty to defend Towne Realty, Inc., Joseph Zilber, Donald Grande and Gerald Stein (Towne) against a suit brought by Joseph Balestrieri and Leslie West Balestrieri (Balestrieris) and awarding costs to Towne for attorney fees it incurred in defending the complaint. The amount of attorney fees to which Towne was entitled was determined following a contested hearing. Zurich contends...

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