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BADGER MUT. INS. CO. v. SCHMITZ

No. 00-2682.

255 Wis.2d 61 (2002)

2002 WI 98

647 N.W.2d 223

BADGER MUTUAL INSURANCE COMPANY, Plaintiff, v. Dennis SCHMITZ, Defendant-Respondent-Petitioner, THE AMERICAN HARDWARE INSURANCE GROUP, Defendant-Appellant, Valerie SCHMITZ and SCI Management Corp., Defendants.

Supreme Court of Wisconsin.

Decided July 10, 2002.

Attorney(s) appearing for the Case

For the defendant-respondent-petitioner there were briefs by Russell T. Golla, and Anderson, Shannon, O'Brien, Rice & Bertz, Stevens Point, and oral argument by Russell T. Golla.

For the defendant-appellant there was a brief by Keith W. Kostecke and Menn, Teetaert & Beisenstein, Ltd., Appleton, and oral argument by Keith W. Kostecke.

An amicus curiae brief was filed by Lynn R. Laufenberg and Laufenberg & Hoefle, S.C., Milwaukee, and Robert L. Jaskulski and Domnitz, Mawicke & Goisman, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. DAVID T. PROSSER, J.

This is a review of an unpublished decision of the court of appeals1 that reversed a decision of the circuit court for Outagamie County, James T. Bayorgeon, Judge. There are two issues before the court.

¶ 2. First, does this court's decision in Dowhower v. West Bend Mutual Insurance Co., 2000 WI 73, 236 Wis.2d 113, 613 N.W.2d 557<...

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