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COMMISSIONER OF INSURANCE v. FIBER RECOVERY, INC.

No. 03-3012.

276 Wis.2d 495 (2004)

2004 WI App 183

687 N.W.2d 755

WISCONSIN COMMISSIONER OF INSURANCE and Manager of the Local Government Property Insurance Fund, Connie L. O'Connell, Assistant Deputy Commissioner Eileen Mallow, and Local Government Property Insurance Fund Program Officer Danford Bubolz, Petitioners-Plaintiffs-Appellants, v. FIBER RECOVERY, INC., Millwaste Recovery, Inc. and Marathon County, Respondents-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided August 26, 2004.

Attorney(s) appearing for the Case

On behalf of the petitioners-plaintiffs-appellants, the cause was submitted on the briefs of Charlotte Gibson, asst. attorney general, and Peggy A. Lautenschlager, attorney general.

On behalf of the respondents-defendants-respondents Fiber Recovery, Inc. and Millwaste Recovery, Inc., the cause was submitted on the brief of Jon G. Furlow and John C. Scheller, Michael Best & Friedrich, LLP, Madison.

On behalf of the respondents-defendants-respondents Marathon County, the cause was submitted on the brief of Richard G. Niess, Coyne, Niess, Schultz, Becker & Bauer, S.C., Madison.

Before Deininger, P.J., Vergeront and Lundsten, JJ.

¶ 1. VERGERONT, J.

This appeal concerns a dispute over whether the policy issued by the Local Government Property Fund to Marathon County covers loss resulting from a fire at a facility that had been conveyed by the County to Fiber Recovery, Inc. prior to the fire. The circuit court affirmed the decision of the administrative law judge (ALJ) that there was coverage, and the Wisconsin Commissioner of Insurance and ...

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