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LEONARD v. CATTAHACH

No. 96-3167.

214 Wis.2d 236 (1997)

571 N.W.2d 444

Marjorie LEONARD and Larry Leonard, Plaintiffs-Respondents, v. Judy R. CATTAHACH, American Family Mutual Ins. Co., Sandard K. Conley, Defendants, DUPONT MUTUAL INSURANCE Co., Defendant-Appellant, WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 16, 1997.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael R. McCanna and Michael P. Konz of McCanna, Konz, Dudas & Assoc., S.C. of Appleton.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Lynn R. Laufenberg and Danuta E. Kurczewski of Cannon & Dunphy, S.C. of Brookfield.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert J. Shannon of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

Before Eich, C.J., Vergeront and Roggensack, JJ.

ROGGENSACK, J.

The DuPont Mutual Insurance Company (DuPont) seeks review of a default judgment granted against it for failing to timely answer a summons and complaint served on it through the office of the commissioner of insurance pursuant to § 601.73, STATS. DuPont claims that its answer was timely under the extension provisions of § 801.15(5), STATS Alternatively, even if its answer was filed late, DuPont maintains that the circuit court erroneously exercised...

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