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ALLIED INS. CENTER, INC. v. WAUWATOSA SAVINGS & LOAN ASS'N

No. 95-0786.

200 Wis.2d 369 (1996)

546 N.W.2d 544

ALLIED INSURANCE CENTER, INC., and Kliebhan Insurance Agency, Inc., Plaintiffs-Respondents, MILWAUKEE MUTUAL INSURANCE COMPANY, Involuntary-Plaintiff-Respondent, AMERICAN GASKET, Intervening-Plaintiff-Respondent, v. WAUWATOSA SAVINGS & LOAN ASSOCIATION, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 27, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Sjostrom & Associates, with Kevin J. Sjostrom, of Brookfield.

For the plaintiffs-respondents the cause was submitted on the briefs of Frenn Law Office, S.C., with Thomas L. Frenn, of Milwaukee; and of counsel: Schulz & Duffey, S.C., with Daniel J. O'Brien, Milwaukee; Paul J. Polaski, Brookfield; and D. Sean O'Lochlayne (for involuntary-plaintiff-respondent), Milwaukee.

For the intervening-plaintiff-respondent the cause was submitted on the briefs of Kuchler Law Offices, with Gerard F. Kuchler, of Waukesha.

Before Wedemeyer, P.J., Fine and Schudson, JJ.

SCHUDSON, J.

Wauwatosa Savings and Loan Association appeals from the trial court's award of summary judgment on liability to Allied Insurance Center, Inc., and to Kliebhan Insurance Agency, Inc. The trial court concluded that Wauwatosa acted in a commercially unreasonable manner by accepting improperly indorsed1 checks, payable to the insurance agencies, for deposit into the personal checking account of Thomas Landisch, an employee of...

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