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RUFENER v. STATE FARM FIRE & CASUALTY CO.

No. 98-0086.

221 Wis.2d 500 (1998)

585 N.W.2d 696

James R. and Kathleen RUFENER, Plaintiffs-Appellants, v. STATE FARM FIRE & CASUALTY COMPANY, Defendant-Respondent, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Jerry W. Martin, American Family Mutual Insurance Company, and Wisconsin Health Fund, Defendants.

Court of Appeals of Wisconsin.

Decided August 20, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Shawn R. Crain and Hope K. Olson of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark W. Pernitz and Jennifer S. Mirus of Boardman, Suhr, Curry & Field LLP of Madison.

Before Vergeront, Roggensack and Deininger, JJ.

DEININGER, J.

James Rufener appeals a summary judgment dismissing State Farm Fire & Casualty Company from his personal injury action against Jerry Martin, State Farm's insured under a homeowner's policy. The trial court determined, as a matter of law, that Martin's liability for Rufener's injuries was excluded by the "business pursuits" exclusion of the State Farm policy. We conclude that the activities that led to Rufener's injuries were "ordinarily incident...

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