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VANCE v. SUKUP

No. 95-2851.

207 Wis.2d 578 (1996)

558 N.W.2d 683

Antwaun VANCE, a minor, by his g/a/l Jacqueline Boynton, Plaintiff-Respondent, v. James J. SUKUP, First Financial Bank, Royal Insurance, d/b/a Globe Indemnity Company, and Wisconsin Health Organization, Defendants-Respondents, AMERICAN FAMILY INSURANCE GROUP, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 23, 1996.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Barrett J. Corneille, David J. Pliner, and Jeanne M. Armstrong of Bell, Metzner, Gierhart & Moore, S.C., of Madison. There was oral argument by Barrett J. Corneille.

On behalf of the plaintiff-respondent, the cause was submitted on the briefs of Peter Guyon Earle of Boynton & Earle, of Milwaukee. There was oral argument by Peter Guyon Earle.

On behalf of the defendant-respondent James J. Sukup, the cause was submitted on the briefs of James E. Culhane and James M. Jorissen of Davis & Kuelthau, S.C., of Milwaukee. There was oral argument by James E. Culhane.

On behalf of the defendant-respondent First Financial Bank, the cause was submitted on the briefs of Charles H. Bohl, James G. Allison, and Laurie J. McLeRoy of Whyte Hirschboeck Dudek S.C., of Milwaukee.

Amicus Curiae brief was filed by Robert F. Johnson and Heidi L. Vogt of Cook & Franke, S.C., of Milwaukee, for Wisconsin Insurance Alliance and Civil Trial Counsel of Wisconsin.

Amicus Curiae brief was filed by Paul J. Munson of McDonald & Munson, of LaCrosse, Wisconsin, for Wisconsin Apartment Association.

Amicus Curiae brief was filed by Heiner Giese of Milwaukee for Apartment Association of Southeastern Wisconsin, Inc.

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

FINE, J.

This action against, among others, James J. Sukup and his insurer, American Family Insurance Group, alleges that Antwaun Vance, a minor, was injured by lead-based paint in premises where he lived and which his family rented from Sukup. American Family denied coverage, and sought summary judgment dismissing it from this action. The trial court denied American Family's motion.1 We affirm.2

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