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MARTINEZ v. JEFFERSON INSURANCE

No. 98-2589.

225 Wis.2d 544 (1999)

593 N.W.2d 475

Gelbert MARTINEZ and Hortenci Martinez, Plaintiffs, EMPLOYEE BENEFIT PLAN OF MAPLE LEAF FARMS, Involuntary-Plaintiff, v. JEFFERSON INSURANCE, Defendant-Respondent, Barry W. ARRIES, Defendant, CONTINENTAL CASUALTY COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 3, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of David M. Victor, Law Offices of Mark H. Miller of Brookfield.

On behalf of the defendant-respondent, the cause was submitted on the brief of Wendy G. Gunderson of Bren, Przybeck & Stotler of Milwaukee and of counsel, Ira S. Lipsius, Esq., pro hac vice and Jeffrey S. Rogoff, Esq. of Schindel, Farman & Lipsius LLP of New York.

Before Brown, Nettesheim and Anderson, JJ.

ANDERSON, J.

Continental Casualty Company appeals from a judgment in favor of Jefferson Insurance, which determined that an insurance policy issued by Continental provides primary liability coverage for a motor vehicle accident in which Barry W. Arries (Barry) was involved. At the time of the accident, Barry was operating a truck which was owned by Arries Trucking, Inc., and leased to Three T's Trucking, d/b/a Jung Brothers...

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