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BENNETT v. WEST BEND MUT. INS. CO.

No. 95-2673.

200 Wis.2d 313 (1996)

546 N.W.2d 204

Ronald L. BENNETT and Midwest Family Mutual Insurance Company, Plaintiffs-Respondents, v. WEST BEND MUTUAL INSURANCE COMPANY and Becky E. Schreiter, Defendants-Appellants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY and Sue Etheridge, Defendants.

Court of Appeals of Wisconsin.

Decided February 21, 1996.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of William J. Evans of Law Offices of James J. Pauly of West Bend.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Peter M. Farb of Gabert, Williams & Farb of Appleton.

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

ANDERSON, P.J.

Becky E. Schreiter and West Bend Mutual Insurance Company (collectively West Bend) appeal from a trial court judgment in favor of Ronald L. Bennett and Midwest Family Mutual Insurance Company (collectively Midwest Family). We conclude that § 704.07(3)(a), STATS., prevents a tenant from claiming coinsured status under the landlord's fire insurance policy for purposes of subrogation where the lease is silent as to fire insurance coverage. Accordingly...

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