Kevin PEACE, a Minor, By His Guardian Ad Litem, Robert J. Lerner, Plaintiff-Joint-Appellant,
v.
NORTHWESTERN NATIONAL INSURANCE COMPANY, Defendant-Respondent-Petitioner
DJUKIC ENTERPRISES, INC., Defendant-Joint-Appellant,
STATE FARM GENERAL INSURANCE COMPANY, Darrell Harding, Edmund J. Durand and Wisconsin Department of Health and Social Services, Defendants.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument September 9, 1998.
Decided July 9, 1999.
Attorney(s) appearing for the Case
For the defendant-respondent-petitioner there were briefs by John R. Pendergast, Jr., and Crivello, Carlson, Mentkowski & Steeves, S.C., Milwaukee and oral argument by John R. Pendergast, Jr.
For the plaintiff-joint appellant there was a brief by Robert J. Lerner, B. Michele Sumara and Perry, Lerner, Quindel & Saks, S.C., Milwaukee and oral argument by B. Michele Sumara.
For the defendant-joint appellant there was a brief by James E. Culhane and Davis & Kuelthau, S.C., Milwaukee and oral argument by James E. Culhane.
Amicus curiae was filed by Susan R. Tyndall and Hinshaw & Culbertson, Milwaukee for the Wisconsin Insurance Alliance and Civil Trial Counsel of Wisconsin.
Amicus curiae was filed by Robert C. Burrell, R. Jeffrey Wagner and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, of counsel, Laura A. Foggan, Daniel E. Troy, Howard M. Radzely and Wiley, Rein & Fielding, Washington, D.C., for the Insurance Environmental Litigation Association.
Amicus curiae was filed by Peter G. Earle and Boyton & Earle, Milwaukee, Irene C. Warshauer and Anderson, Kill & Olick, P.C., New York, NY, of counsel, Amy Bach, counsel for United Policyholders, San Francisco, CA, for the United Policyholders.
Amicus curiae was filed by Raymond R. Krueger, David V. Meany and Michael, Best & Friedrich, LLP, Milwaukee, of counsel, Howard S. Lindenberg, senior counsel for Federal Home Loan Mortgage Corporation, McLean, VA, for Federal Home Loan Mortgage Corporation and Fair Lending Coalition.
Supreme Court of Wisconsin.
¶ 1. DAVID T. PROSSER, J.
Northwestern National Insurance Company (Northwestern) seeks review of a court of appeals' decision which reversed a circuit court grant of summary judgment to Northwestern.1 Northwestern asserts that the insurance policy it sold to Djukic Enterprises (Djukic) excludes coverage for personal injury claims arising from the ingestion of lead in flaked or chipped paint or dust present in an apartment Djukic rented...
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