GUENTHER v. CITY OF ONALASKA

No. 98-0724.

223 Wis.2d 206 (1998)

588 N.W.2d 375

Ron GUENTHER and Kathy Guenther, Plaintiffs-Co-Appellants, v. CITY OF ONALASKA, Defendant-Appellant, CITIES & VILLAGES MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided November 19, 1998.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-co-appellants, the cause was submitted on the briefs of William G. Skemp and Sonja Davig Huesmann of William Skemp Law Firm, S.C. of La Crosse.

On behalf of the defendant-appellant, the cause was submitted on the briefs of Janet Jenkins of Johns & Flaherty, S.C. of La Crosse.

On behalf of the defendant-respondent, the cause was submitted on the brief of Daniel E. Dunn of Smyth & Dunn of La Crosse.

Before vergeront, Roggensack and Deininger, JJ.


ROGGENSACK, J.

Ron and Kathy Guenther and the City of Onalaska (Onalaska) appeal from a summary judgment dismissing Onalaska's insurer, Cities and Villages Mutual Insurance Company (Mutual Insurance), from the Guenthers' lawsuit for damages incurred when an Onalaska sewer backed-up into the Guenthers' basement. The circuit court concluded that the backup was excluded from coverage under the policy's pollution exclusion clause and it dismissed the action against Mutual...

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