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RUFF v. GRAZIANO

No. 97-1686.

220 Wis.2d 513 (1998)

583 N.W. 2d 185

Lori RUFF and Kevin G. Ruff, as Co-Personal Representatives of the Estate of Dustyn J. Ruff, Deceased, Kevin G. Ruff and Lori Ruff, individually and as parents and next friends of Dustyn J. Ruff, a deceased minor, and Kevin G. Ruff and Lori Ruff, as parents and next friends of Dalton L. Ruff, a minor, Plaintiffs-Appellants, v. Evelyn GRAZIANO, Defendant, RURAL MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 10, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert Marc Chemers, Donald J. O'Meara, Jr. and Scott L. Howie, of Pretzel & Stouffer, Chartered of Chicago, Illinois, and Stephanie L. Melnick and Jennifer M. Kopps of Melnick & Melnick, S.C. of Milwaukee. There was oral argument by Scott L. Howie.

On behalf of the defendant-respondent, the cause was submitted on the brief and oral argument of Timothy J. Algiers of O'Meara, Eckert, Pouros & Gonring of West Bend.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

Lori and Kevin G. Ruff appeal from a summary judgment dismissing their negligence and wrongful death claims against Rural Mutual Insurance Company. Their son, Dustyn, drowned at a beach while under the care of Rural Mutual's insured, Evelyn Graziano. At issue in this case is whether Rural Mutual's business exclusion clause in its homeowners policy issued to Graziano precludes coverage because Graziano was...

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