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PHOENIX CONTRACTORS v. AFFILIATED CAPITAL CORP.

No. 03-2259.

273 Wis.2d 736 (2004)

2004 WI App 103

681 N.W.2d 310

PHOENIX CONTRACTORS, INC., Plaintiff-Appellant, v. AFFILIATED CAPITAL CORPORATION, Defendant, RURAL MUTUAL INSURANCE COMPANY, Intervenor-Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 28, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Tristan R. Pettit of Petrie & Stocking, S.C. of Milwaukee.

On behalf of the intervenor-defendant-respondent, the cause was submitted on the brief of James J. Mathie of Waukesha.

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

¶1 NETTESHEIM, J.

This is an insurance coverage case. At summary judgment, the trial court ruled that Rural Mutual Insurance Company was not obligated to defend its insured, Phoenix Contractors, Inc., because Phoenix had failed to provide Rural Mutual with timely notice of the underlying action. Phoenix appeals. We affirm.

BACKGROUND

¶ 2. Phoenix installed roofing on some condominiums...

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