PEACE v. NORTHWESTERN NAT. INS. CO.

No. 96-0328.

215 Wis.2d 165 (1997)

573 N.W.2d 197

Kevin PEACE, a Minor, By His Guardian Ad Litem, Robert J. Lerner, Plaintiff-Joint-Appellant, v. NORTHWESTERN NATIONAL INSURANCE COMPANY, Defendant-Respondent, DJUKIC ENTERPRISES, INC., Defendant-Joint-Appellant, STATE FARM GENERAL INSURANCE COMPANY, Darrell Harding, Edmund J. Durand and Wisconsin Department of Health and Social Services, Defendants.

Court of Appeals of Wisconsin.

Decided November 18, 1997.


Attorney(s) appearing for the Case

On behalf of the plaintiff-joint-appellant, Kevin Peace, and defendant-joint-appellant, Djukic Enterprises, Inc., the cause was submitted on the joint briefs and supplemental joint briefs of Robert J. Lerner and B. Michele Sumara of Perry, Lerner & Quindel, S.C., Milwaukee, for plaintiff-joint-appellant, and James E. Culhane of Davis & Kuelthau, S.C. and Michael A. Mesirow of Kasdorf, Lewis & Sweitlik, S.C., Milwaukee, for defendant-joint appellant.

On behalf of the defendant-respondent, the cause was submitted on the brief and supplemental brief of John R. Pendergast, Jr. of Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee.

Before Fine, Schudson and Curley, JJ.


SCHUDSON, J.

Kevin Peace, by his guardian ad litem, and Djukic Enterprises, Inc., (collectively, "Peace") appeal from the trial court judgment granting summary judgment to Northwestern National Insurance Company. Peace argues that the trial court erred in concluding that Northwestern had no duty to defend or indemnify because the pollution exclusion clause of the policy covering the residence the Peace family rented from...

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