TRINITY EVANGELICAL LUTHERAN CHURCH AND SCHOOL-FREISTADT, Plaintiff-Respondent-Cross Petitioner,
v.
TOWER INSURANCE COMPANY, Defendant-Appellant-Petitioner.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument December 4, 2002.
Decided May 23, 2003.
Attorney(s) appearing for the Case
For the defendant-appellant-petitioner there were briefs by M. Christine Cowles, Barbara A. O'Brien, and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, and Edward M. Crane, Charles F. Smith, and Skadden, Arps, Slate, Meagher & Flom, Chicago, Illinois, and oral argument by Charles F. Smith.
For the plaintiff-respondent-cross petitioner there were briefs by Merrick R. Domnitz, Robert L. Jaskulski, and Domnitz, Mawicke & Goisman, S.C., Milwaukee, and oral argument by Robert L. Jaskulski and Merrick R. Domnitz.
An amicus curiae brief was filed by William C. Gleisner, III, Madison, and R. George Burnett and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, on behalf of the Wisconsin Academy of Trial Lawyers.
An amicus curiae brief was filed by John W. Markson and Bell Gierhart & Moore, S.C., Madison, on behalf of the Civil Trial Counsel of Wisconsin.
Supreme Court of Wisconsin.
¶ 1. N. PATRICK CROOKS, J.
This case involves an insurance action where, as a result of mistake, the insurance policy failed to provide hired and non-owned automobile coverage that the insured requested. After Tower Insurance Company (Tower) learned of the mistake, it failed in its duty to its insured, Trinity Evangelical Lutheran Church and School-Freistadt (Trinity) to investigate properly and evaluate reasonably...
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