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RICHLAND VALLEY PRODUCTS v. ST. PAUL FIRE & CAS.

No. 94-1837.

201 Wis.2d 161 (1996)

548 N.W.2d 127

RICHLAND VALLEY PRODUCTS, INC., a Wisconsin corporation, Plaintiff-Respondent-Cross Appellant, v. ST. PAUL FIRE & CASUALTY COMPANY, a Wisconsin insurance corporation, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided March 28, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the brief of Daniel W. Hildebrand and Joseph A. Ranney of Ross & Stevens, S.C. of Madison, and Douglas G. Houser and Stuart D. Jones of Bullivant, Houser, Bailey, Pendergrass & Hoffman of Portland, OR. Orally argued by Daniel W. Hildebrand.

For the plaintiff-respondent-cross appellant the cause was submitted on the brief of Ralph A. Weber, Paul F. Heaton and Clay C. Greene of Kravit, Gass & Weber, S.C. of Milwaukee. Orally argued by Paul F. Heaton.

Brief of Amicus Curiae, Civil Trial Counsel of Wisconsin, was filed by Timothy J. Muldowney and Noreen J. Parrett of La Follette & Sinykin of Madison.

Before Gartzke, P.J., Dykman and Sundby, JJ.

GARTZKE, P.J.

St. Paul Fire & Casualty Company appeals from a judgment for $9,098,545.65 in favor of Richland Valley Products for breach of contract and for bad faith denial of Richland's insurance claim, and from a judgment in favor of Richland Valley Products awarding taxable costs in the amount of $31,178.39. We conclude that the dispositive issue is whether, as a matter of law, St. Paul's policy covered Richland's loss. Because we conclude the loss is not...

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