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JACOB v. WEST BEND MUT. INS. CO.

No. 95-0593.

203 Wis.2d 524 (1996)

553 N.W.2d 800

Leonard H. JACOB and Janet Jacob, Plaintiffs-Respondents-Cross Appellants-Cross Respondents, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant-Cross Respondent, RUSSO BUILDERS and GRE Insurance Group, Defendants-Cross Respondents-Cross Appellants, LIMBACH CONSTRUCTION COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided July 24, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross respondent, the cause was submitted on the briefs of Neal C. Schellinger and Philip J. Tallmadge of Schellinger & Associates of Brookfield.

On behalf of the plaintiffs-respondents-cross appellants-cross respondents, the cause was submitted on the briefs of Thomas L. Smallwood, of Borgelt, Powell, Peterson & Frauen S.C. of Milwaukee.

On behalf of the defendants-cross respondentscross appellants, the cause was submitted on the briefs of Thomas R. Schrimpf and Susan R. Tyndall of Hinshaw & Culbertson of Milwaukee.

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

NETTESHEIM, J.

This case brings us an appeal and two separate cross-appeals. The legal disputes result from the brick masonry work performed on a new home constructed for Leonard H. and Janet Jacob. Russo Builders was the general contractor, Michael Limbach Construction Company was the masonry subcontractor, and West Bend Mutual Insurance Company was Limbach's insurer.

On the appeal, West Bend argues that the trial court erred by ruling that West Bend breached...

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