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INA v. DEC INTERNATIONAL, INC.

No. 97-0701.

220 Wis.2d 840 (1998)

586 N.W.2d 691

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff-Respondent, v. DEC INTERNATIONAL, INC., Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 9, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Michael S. Anderson and Christopher P. Koback of Axley Brynelson of Madison and orally argued by Christopher P. Koback.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Bruce Gillman of Tomlinson, Gillman & Rikkers, S.C. of Madison, and orally argued by Bruce Gillman.

Before Eich, C.J., Dykman, P.J., and Roggensack, J.

DYKMAN, P.J.

DEC International, Inc. (DEC) appeals from a money judgment in favor of Insurance Company of North America (INA) in the amount of $595,417. This lawsuit arose when DEC refused to pay INA three million Danish Kroner that INA had paid as a surety for DEC. We conclude that the trial court's finding that DEC and INA intended that a letter from DEC to an insurance group (CIGNA) to be an indemnity agreement was not clearly erroneous. We further conclude that...

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