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VOGEL v. RUSSO

No. 97-2192.

236 Wis.2d 504 (2000)

2000 WI 85

613 N.W.2d 177

Charles G. VOGEL and Kathleen A. Vogel, Plaintiffs, v. Gilbert RUSSO, an individual d/b/a Russo Builders, and Milwaukee Mutual Insurance Company, Defendants-Third-Party Plaintiffs-Respondents, v. WEST BEND MUTUAL INSURANCE COMPANY, Third-Party Defendant-Appellant-Petitioner, INTERSTATE HEATING COMPANY, Betty Limbach, f/d/b/a Limbach Construction Company and ABC Insurance Company, Third-Party Defendants.

Supreme Court of Wisconsin.

Decided July 7, 2000.

Attorney(s) appearing for the Case

For the third-party defendant-appellant-petitioner, there were briefs by James J. Pauly, Rollin E. Krafft, Christopher C. Zwygart and Law Offices of James J. Pauly, West Bend, and oral argument by James J. Pauly.

For the defendants-third-party plaintiffs-respondents there was a brief by Gregory J. Cook, Patti J. Kurth, and Kasdorf, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Gregory J. Cook.

¶ 1. DIANE S. SYKES, J.

This case presents an insurance coverage dispute and requires us to determine whether a comprehensive general liability insurance policy provides coverage for diminution in value of a home that resulted from a subcontractor's faulty masonry work. The appeal arises out of a breach of contract and negligence action filed by Charles and Kathleen Vogel against Russo Builders, the general contractor...

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