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UNITED CAPITOL INS. v. BARTOLOTTA'S FIREWORKS

No. 95-0031.

200 Wis.2d 284 (1996)

546 N.W.2d 198

UNITED CAPITOL INSURANCE COMPANY, Plaintiff-Respondent-Cross Appellant, v. BARTOLOTTA'S FIREWORKS COMPANY, INC., Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided February 21, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross respondent, the cause was submitted on the briefs of Eric S. Darling of Schmidt, Darling & Erwin of Milwaukee.

On behalf of the plaintiff-respondent-cross appellant, the cause was submitted on the brief of John E. Cain of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.

BROWN, J.

This case involves the construction of a specially tailored insurance contract between Bartolotta's Fireworks Company, Inc., which puts on fireworks displays for municipalities and others, and United Capitol Insurance Company. While the policy contained the near universal clause giving the insurance company the right to settle all claims, it also had a unique provision that Bartolotta pay the first $25,000 as "self insurance." Here, United Capitol settled...

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