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SAUK COUNTY v. EMPLOYERS INS. OF WAUSAU

No. 95-1388.

202 Wis.2d 433 (1996)

550 N.W.2d 439

SAUK COUNTY a Wisconsin municipal corporation, Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU and Wausau Underwriters, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 7, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Jeffrey L. Leavell and David R. Tennyck of Jeffrey Leavell S.C. of Racine. There was oral argument by Jeffrey L. Leavell.

For the defendants-respondents the cause was submitted on the briefs of Richard M. Hagstrom and Joseph P. Pozen of Zelle & Larson of Minneapolis, Minnesota and Timothy J. Strattner of Brookfield. There was oral argument by Joseph P. Pozen.

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

WEDEMEYER, P.J.

Sauk County appeals from a judgment granting summary judgment to Employers Insurance of Wausau in an environmental insurance coverage dispute. Sauk County claims that Wausau is obligated to defend it with respect to certain counter-claims filed against Sauk County. Sauk County further claims that Wausau breached its duty to defend and seeks a ruling that the breach estops Wausau from contesting coverage under the policy. Because the counterclaims triggered...

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