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SENTRY INSURANCE v. DAVIS

No. 00-2427.

247 Wis.2d 501 (2001)

2001 WI App 203

634 N.W.2d 553

SENTRY INSURANCE, a Mutual Company, Plaintiff-Appellant, v. Rodney M. DAVIS, Anthony M. Scott, Carolyn Y. Beckham, Anthony Beckham and State Farm Mutual Automobile Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided July 6, 2001.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of James M. Fredericks and Patrick S. Nolan of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee.

On behalf of the defendants-respondents, the cause was submitted on the brief of Sean N. Duffey and Daniel J. O'Brien of Schulz, Duffey & O'Brien, S.C., Milwaukee.

Before Dykman, P.J., Vergeront and Deininger, JJ.

¶ 1. DEININGER, J.

Sentry Insurance Company appeals an order which dismissed its action for a judgment declaring that its policy did not provide liability coverage to its insured, Rodney Davis, for an accident in which his vehicle was involved. The trial court declined to consider a document Sentry produced after discovery and briefing deadlines had expired. Based on the record with the document excluded, the court determined "as a matter of law, that Sentry...

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