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JARES v. ULLRICH

No. 02-3100.

266 Wis.2d 322 (2003)

2003 WI App 156

667 N.W.2d 843

Joseph J. JARES, III, M.D. and Susan M. Jares, Plaintiffs, v. Peter F. ULLRICH, M.D. and Cari Ullrich, M.D., Defendants-Appellants, CHUBB INDEMNITY INSURANCE COMPANY, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 25, 2003.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Philip A. Munroe of Di Renzo and Bomier of Neenah.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Frederick J. Strampe and Matthew R. McClean of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

Before Nettesheim, P.J., Brown and Anderson, JJ.

¶ 1. NETTESHEIM, P.J.

By declaratory judgment, the trial court ruled that Chubb Indemnity Insurance Company (Chubb) did not have a duty to defend its insureds, Peter F. Ullrich and Cari Ullrich, against the negligent misrepresentation allegations set out in a complaint filed by Joseph J. Jares, III and Susan M. Jares. The Jareses' complaint alleged that a residence they purchased from the Ullrichs was infested with raccoons, other animals, and animal debris,...

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