AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant-Cross-Respondent,
v.
AMERICAN GIRL, INC., f/k/a Pleasant Company, Inc. Defendant-Respondent-Cross-Appellant-Petitioner,
The RENSCHLER COMPANY, INC., Defendant-Third-Party Plaintiff-Respondent-Cross-Appellant-Petitioner,
v.
WEST AMERICAN INSURANCE COMPANY, The Ohio Casualty Insurance Company, Regent Insurance Company and General Casualty Company of Wisconsin, Third-Party Defendants-Respondents-Cross-Respondents.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral argument September 9, 2003.
Decided January 9, 2004.
Attorney(s) appearing for the Case
For the defendant-third-party plaintiff-respondent-cross-appellant-petitioner there were briefs by Robert J. Kay, Robert A. Mich, Jr. and Kay & Andersen, S.C., Madison, and Jeffrey W. Younger, Paul W. Schwarzenbart and Lee, Kilkelly, Paulson & Younger, S.C., Madison, and oral argument by Paul W. Schwarzenbart.
For the defendant-respondent-cross-appellant-petitioner there were briefs by Michael G. Laskis, Michael B. Van Sicklen and Foley & Lardner, Madison, and oral argument by Michael G. Laskis.
For the plaintiff-appellant-cross-respondent there were briefs by Wayne M. Yankala and Mingo & Yankala, S.C., Milwaukee, and oral argument by Wayne M. Yankala.
For the third-party defendants-respondents-cross-respondents, West American Insurance Company and The Ohio Casualty Insurance Company, there was a brief by Michael D. Lawrynk and Gabert, Williams, Konz & Lawrynk, Appleton, and oral argument by Michael D. Lawrynk.
For the third-party defendants-respondents-cross-respondents, Regent Insurance Company and General Casualty Company of Wisconsin, there were briefs by Robert F. Johnson, Lee Anne N. Conta, Colleen M. Fleming and Cook & Franke S.C., Milwaukee, and oral argument by Lee Anne N. Conta.
An amicus curiae brief was filed by Thomas J. Misfeldt, Christine A. Gimber and Weld, Riley, Prenn & Ricci, S.C., Eau Claire, on behalf of Civil Trial Counsel of Wisconsin.
An amicus curiae brief was filed by David A. Krutz, Dereck R. Brower and Michael Best & Friedrich LLP, Waukesha, on behalf of The American Subcontractors Association, Inc.
An amicus curiae brief was filed by William E. McCardell and DeWitt Ross & Stevens S.C., Madison, and Teresa Mueller, Madison, on behalf of Associated General Contractors of Wisconsin, Inc., Associated General Contractors of Greater Milwaukee, and Allied Construction Employers Association.
Supreme Court of Wisconsin.
¶ 1. DIANE S. SYKES, J.
This insurance coverage dispute presents an array of legal issues pertaining to the proper interpretation of coverage and exclusion language in several post-1986 commercial general liability ("CGL") and excess insurance policies.
¶ 2. The dispute initially focuses on the meaning of "property damage" and "occurrence" in the standard CGL insuring agreement's grant of coverage. The...
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