A.O. SMITH CORPORATION, a Delaware corporation, A.O. Smith Harvestore Products, Inc., a Delaware corporation, Agristor Credit Corporation, a Delaware corporation and Agristor Leasing, a Wisconsin partnership, Plaintiffs-Respondents,
v.
ALLSTATE INSURANCE COMPANIES, an Illinois corporation, Defendant-Appellant,
CONTINENTAL CASUALTY COMPANY, a Delaware corporation, Defendant-Co-Appellant,
WAUSAU INSURANCE COMPANIES, a Wisconsin corporation, Defendant.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument July 8, 1998.
Decided October 20, 1998.
Attorney(s) appearing for the Case
On behalf of the defendant-appellant, the cause was submitted on the briefs of Joseph D. McDevitt of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee, Mitchell S. Goldgehn and James A. Smith of Aronberg, Goldgehn, Davis & Garmisa, of counsel, of Chicago, IL and Stephen M. Compton of Brennan, Steil, Basting &MacDougall, S.C. of Janesville. There was oral argument by Stephen M. Compton.
On behalf of the defendant-co-appellant, the cause was submitted on the briefs of Donald M. Lieb and Paul J. Pytlik of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee and Terry M. Cosgrove and Arthur J. McColgan, of counsel, of Chicago, IL. There was oral argument by Terry M. Cosgrove.
On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Scott W. Hansen of Reinhart, Boerner, Van Deuren, Norris & Rieselbach, S.C. of Milwaukee, and J.W. Montgomery III and Curt Vazquez of Jones, Day, Reavis & Pogue of Pittsburgh, PA. There was oral argument by J. W. Montgomery III. Professor Kenneth S. Abraham of Charlottesville, VA also participated on behalf of plaintiffs-respondents.
Before Wedemeyer, P.J., Schudson and Myse, JJ.
Court of Appeals of Wisconsin.
WEDEMEYER, P.J.
Allstate Insurance Companies and Continental Casualty Company appeal from an order granting summary judgment in favor of A.O. Smith Corporation and its subsidiary, A.O. Smith Harvestore Products, Inc.1 The trial court granted Smith's motion seeking indemnification for defense costs and indemnification for underlying settlements, ruling that claims of fraud, conspiracy to defraud, and mail fraud alleged in several complaints...
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