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DONALDSON v. URBAN LAND INTERESTS, INC.

No. 95-3015.

211 Wis.2d 224 (1997)

564 N.W.2d 728

Sandra DONALDSON, April Schmitt and John D. Schmitt, Plaintiffs, STATE of Wisconsin, Subrogated-Plaintiff, v. URBAN LAND INTERESTS, INC., Defendant-Appellant-Petitioner, The HANOVER INSURANCE COMPANY, Defendant-Respondent, BARSTOW ASSOCIATES, a Limited Partnership, North American Mechanical, Inc., ABC Insurance Company and DEF Insurance Company, Defendants.

Supreme Court of Wisconsin.

Decided June 24, 1997.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by David G. Walsh, Douglas B. Clark and Foley & Lardner, Madison and oral argument by Douglas B. Clark.

For the defendant-respondent there was a brief by Jeffrey Leavell, Gregory Boe and Jeffrey Leavel, S.C., Racine and oral argument by Jeffrey Leavell.

Amicus curiae was filed by Eric Englund and Wisconsin Insurance Alliance, Madison, of counsel, Laura A. Foggan, Marilyn E. Kerst, James R. Knox and Wiley, Rein & Fielding, Washington, D.C. for the Insurance Environmental Litigation Association and Wisconsin Insurance Alliance.

¶ 1. ANN WALSH BRADLEY, J.

Urban Land Interests, Inc. (ULI) seeks review of a court of appeals' decision which affirmed a circuit court grant of summary judgment to ULI's insurer, the Hanover Insurance Company (Hanover).1 ULI asserts that insurance policies issued to it by Hanover provide coverage for personal injury claims arising from the inadequate ventilation of exhaled carbon dioxide...

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