AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant-Cross-Respondent,
v.
The PLEASANT COMPANY, Defendant-Respondent-Cross-Appellant,
The RENSCHLER COMPANY, INC., Defendant-Third-Party Plaintiff-Respondent-Cross-Appellant,
v.
WESTERN AMERICAN INSURANCE COMPANY, The Ohio Casualty Insurance Company, Regent Insurance Company and General Casualty Company of Wisconsin, Third-Party Defendants-Respondents-Cross-Respondents.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Submitted on briefs June 12, 2002.
Decided August 29, 2002.
Attorney(s) appearing for the Case
On behalf of the plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of Wayne M. Yankala and Michael R. Vescio of Mingo & Yankala, S.C., Milwaukee.
On behalf of the defendant-respondent-cross appellant, the cause was submitted on the briefs of Daniel W. Hildebrand and William E. McCardell of Dewitt Ross & Stevens S.C., Madison.
On behalf of the defendant-third-party plaintiff-respondent-cross-appellant, the cause was submitted on the briefs of Robert J. Kay and Robert A. Mich, Jr. of Kay & Andersen, S.C., Madison.
On behalf of the third-party defendants-respondents-cross-respondents General Casualty Company of Wisconsin and Regent Insurance Company, the cause was submitted on the brief of Robert F. Johnson and Lee Anne N. Conta of Cook & Franke S.C., Milwaukee; and on behalf of the third-party defendants-respondents-cross-respondents Western American Insurance Company and The Ohio Casualty Insurance Company, the cause was submitted on the brief of Michael D. Lawrynk of Gabert, Williams, Konz & Lawrynk, LLP, Appleton.
Before Vergeront, P.J., Dykman and Deininger, JJ.
Court of Appeals of Wisconsin.
¶ 1. VERGERONT, P.J.
The dispositive issue on this appeal and cross-appeal is whether the exclusion for "liability assumed in a contract" in policies issued to The Renschler Company precludes coverage for the claims of breach of contract and negligence asserted against Renschler by The Pleasant Company. We conclude this exclusion does preclude coverage of these claims. Accordingly, we reverse the circuit court's order granting summary judgment in favor of Pleasant...
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