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RADKE v. FIREMAN'S FUND INS. CO.

No. 97-0044.

217 Wis.2d 39 (1998)

577 N.W.2d 366

Harvey RADKE, Plaintiff-Respondent, v. FIREMAN'S FUND INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 4, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs and oral argument of Ronald L. Piette and Thomas A. Piette of Milwaukee. Oral argument was by Thomas A. Piette.

On behalf of the plaintiff-respondent, the cause was submitted on the brief and oral argument of Timothy S. Knurr of Schoone, Fortune, Leuck, Kelley & Pitts, S.C. of Racine.

Before Brown, Nettesheim and Anderson, JJ.

ANDERSON, J.

Fireman's Fund Insurance Company appeals from a summary judgment directing it to indemnify its insured, Harvey Radke, for amounts Radke paid in the settlement of an underlying federal court action brought against Radke by Laura H. and for his attorney's fees. Fireman's Fund contests the trial court's finding that it had a duty to defend Radke in the federal action and that its failure to do so constituted a breach of its contract. We conclude that based...

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