GENERAL CAS. CO. OF WISCONSIN v. HILLS

No. 95-2261.

209 Wis.2d 167 (1997)

561 N.W.2d 718

GENERAL CASUALTY COMPANY OF WISCONSIN, Plaintiff-Respondent-Petitioner, v. Donald A. HILLS, d/b/a Hills Standard, Defendant-Appellant, ABC INSURANCE COMPANY and DEF Insurance Company, Defendants.

Supreme Court of Wisconsin.

Decided April 22, 1997.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by Thomas N. Harrington, Lee Anne N. Conta, Laura E. Schuett and Cook & Franke, S.C., Milwaukee and oral argument by Thomas N. Harrington.

For the defendant-appellant there was a brief by Matthew A. Biegert and Doar, Drill & Skow, S.C., New Richmond and oral argument by Matthew A. Biegert.

Amicus curiae brief was filed by Timothy J. Muldowney, Jeffrey J. Kassel and LaFollette & Sinykin, Madison and Richard M. Hagstrom and Zelle & Larson, Minneapolis, MN for the Alliance of American Insurers.

Amicus curiae brief was filed by Richard C. Ninneman, Jeffrey O. Davis, Joan M. Harms and Quarles & Brady, Milwaukee for the Wisconsin Realtors Association, Building Owners and Managers Association and the Wisconsin Association for Environmental Insurance Protection.

Amicus curiae brief was filed by Raymond R. Krueger, Cynthia E. Smith and Michael Best & Friedrich, Milwaukee for the Association of Environmentally Responsible Businesses, Inc., Associated General Contractors of Greater Milwaukee, Inc., Counsel of Small Business Executives, Petroleum Marketers Association of Wisconsin, Wisconsin Fabricare Institute, Inc., Wisconsin Automotive Trade Association and Wisconsin Federation of Cooperatives.

Amicus curiae was filed by Michael D. Flanagan, Thomas C. Ewing, Mary K Braza, Lisa S. Neubauer and Foley & Lardner, Milwaukee for The Wisconsin Policyholders Association.

Amicus curiae was filed by Robert C. Burrell, Stephen M. Compton and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee and of counsel Laura A. Foggan, Matthew Chavez and Wiley, Rein & Fielding, Washington, D.C., for the Wisconsin Insurance Alliance and National Association of Independent Insurers.


¶ 1. N. PATRICK CROOKS, J.

General Casualty Company of Wisconsin (General Casualty) seeks review of a published decision of the court of appeals,1 which reversed a judgment of the Circuit Court of Barron County, Judge Edward R. Brunner, presiding. The circuit court granted summary judgment in favor of General Casualty on the grounds that it has no duty to defend or indemnify its insured, Donald Hills (Hills), in a third-party action...

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