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JACOB v. RUSSO BUILDERS

No. 97-3736.

224 Wis.2d 436 (1999)

592 N.W.2d 271

Leonard H. JACOB and Janet Jacob, Plaintiffs-Respondents, v. RUSSO BUILDERS and GRE Insurance Group, Defendants-Respondents, LIMBACH CONSTRUCTION COMPANY, Defendant, WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided January 13, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Neal C. Schellinger of Schellinger & Associates of Brookfield, with oral argument by Neal Schellinger.

On behalf of the defendants-respondents, the cause was submitted on the brief of Thomas R. Schrimpf and Susan R. Tyndall of Hinshaw & Culbertson of Milwaukee, with oral argument by Susan R. Tyndall.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

This case involves the interpretation of the business risk exclusion in a comprehensive general liability (CGL) policy issued by West Bend Mutual Insurance Company (West Bend) to Limbach Construction Company (Limbach). Limbach was a subcontractor who performed defective masonry work on a residence constructed for Leonard H. and Janet Jacob. As a result, the Jacobs suffered significant damages. West Bend appeals from an amended judgment premised upon...

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