SAUK COUNTY v. EMPLOYERS INS. OF WAUSAU

No. 98-3458.

240 Wis.2d 608 (2000)

2001 WI App 22

623 N.W.2d 174

SAUK COUNTY, a Wisconsin municipal corporation, Plaintiff-Appellant, v. EMPLOYERS INSURANCE OF WAUSAU, a domestic mutual company, Defendant-Third-Party Plaintiff-Respondent, v. WISCONSIN COUNTY MUTUAL INSURANCE COMPANY, International Surplus Lines Insurance Company and International Insurance Company, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided December 19, 2000.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Michael R. Vescio of Jeffrey Leavell, S.C., of Racine, Wisconsin. There was oral argument by Jeffrey L. Leavell.

On behalf of the defendant-third-party plaintiff-respondent, the cause was submitted on the brief of Scott J. Ryskoski of Larson King, LLP, of St. Paul, Minnesota, and co-counsel Timothy J. Muldowney, of LaFollette & Sinykin, of Madison, Wisconsin, and Timothy J. Strattner, of Schellinger & Doyle, S.C., of Brookfield, Wisconsin. There was oral argument by Scott Ryskoski.

A nonparty brief was filed by Virginia L. Newcomb of Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee, for Insurance Environmental Litigation Association.

Before Fine, Schudson and Curley, JJ.


¶ 1. SCHUDSON, J.

Sauk County appeals from the circuit court's October 20, 1998 order incorporating the September 3, 1998 grant of summary judgment to Employers Insurance of Wausau (Wausau), and denying Sauk County's request for attorney's fees and costs. Sauk County argues that the circuit court erred in concluding that it was not entitled to indemnification from Wausau, and in failing to hold a hearing to determine the amount of indemnification it was due....

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