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CIERZAN v. KRIEGEL

No. 02-1209.

259 Wis.2d 264 (2002)

2002 WI App 317

655 N.W.2d 217

Margaret R. CIERZAN, by her Guardian ad Litem, D.J. Weis, and Patricia M. Cierzan, Plaintiffs-Appellants, v. Jessica KRIEGEL and the Estate of Virginia F. Kriegel, Defendants, PELLA MUTUAL INSURANCE COMPANY, Defendant-Respondent, SHAWANO COUNTY DEPARTMENT OF HEALTH AND SOCIAL SERVICES, Nominal-Defendant.

Court of Appeals of Wisconsin.

Decided November 19, 2002.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of D. James Weis and Habush Habush & Rottier S.C. of Rhinelander.

On behalf of the defendant-respondent, the cause was submitted on the brief of Arnold P. Anderson and Mohr & Anderson, S.C. of Madison.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. HOOVER, P.J.

Margaret Cierzan appeals a summary judgment finding that Jessica Kriegel was not an insured of Pella Mutual Insurance Company at the time Jessica accidentally started a fire in her grandmother, Virginia Kriegel's, home, severely injuring Cierzan. Kriegel, the named insured under the Pella policy, was not at home when the fire broke out. The trial court concluded that Jessica was not "in [Kriegel's] care" at the time of the fire and therefore...

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