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LAHO v. CENTURY 21 BALTES-SELSBERG

No. 95-1795.

204 Wis.2d 483 (1996)

555 N.W.2d 149

Ruth H. LAHO and Kris A. Laho, Plaintiffs-Respondents, v. CENTURY 21 BALTES-SELSBERG, Michael C. Baltes, Jacqueline A. Baltes, and Donna Jantz, Defendants-Respondents, CONTINENTAL CASUALTY COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 18, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James Samuelsen, M. Susan Maloney and Kevin M. Long of Godfrey, Braun and Hayes of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Gary W. Thompson of G.W. Thompson & Associates, S.C. of Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael J. Kelly of Lloyd, Phenicie, Lynch & Kelly, S.C. of Burlington.

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

BROWN, J.

Donna Jantz is a real estate salesperson affiliated with Century 21 Baltes-Selsberg. Jantz has been sued by two of her clients because of drainage problems in the land they purchased. Since the property was previously owned by the sole shareholders in the Baltes-Selsberg firm, the firm's insurer, Continental Casualty Company, claims that its errors and omissions liability policy does not cover this occurrence. We hold, however, that the clause which Continental...

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