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SMITH v. KATZ

No. 96-1998.

226 Wis.2d 798 (1999)

595 N.W.2d 345

Jay W. SMITH and Debra J. Smith, Plaintiffs, WEST BEND MUTUAL INSURANCE COMPANY, Intervenor-Plaintiff-Respondent, v. Paul KATZ, d/b/a Underroof Building and Design and Robert L. Reisinger, Jr., Defendants, Philip A. GIUFFRE, Defendant-Third-Party Plaintiff-Appellant-Petitioner, David A. and Mary A. STAWSKI, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided June 22, 1999.

Attorney(s) appearing for the Case

For the defendant-third-party plaintiff-appellant-petitioner there were letter briefs by Kent A. Tess-Mattner and Schmidt & Rupke, S.C., Brookfield and oral argument by Kent A. Tess-Mattner.

For the intervenor-plaintiff-respondent there was a letter brief by Michael R. Vescio and Jeffrey Leavell, S.C., Racine and oral argument by Jeffrey L. Leavell.

¶ 1. DAVID T. PROSSER, J.

This case is before the court because we granted Philip A. Giuffre's (Giuffre) motion for reconsideration of our decision in Smith v. Katz, 218 Wis.2d 442, 578 N.W.2d 202 (1998). In the earlier decision, we affirmed an unpublished decision of the court of appeals1 on grounds that Giuffre's insurance policy in the record did not...

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