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FACTORY MUTUAL INS. CO. v. CITIZENS INS. CO. OF AMERICA

No. 2005AP872.

288 Wis.2d 730 (2005)

2006 WI App 16

709 N.W.2d 82

FACTORY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. CITIZENS INSURANCE COMPANY OF AMERICA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 14, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Daniel A. MacDonald of Mohs, MacDonald, Widder & Paradise, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Heather L. Nelson of Law Offices of Loretta M. Griffin, Chicago, Illinois.

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

¶ 1. SNYDER, P.J.

Factory Mutual Insurance Company appeals from an order granting summary judgment in favor of Citizens Insurance Company of America. Factory Mutual contends that the circuit court erred in holding that the contractual waiver of subrogation agreed upon by the parties' policyholders is enforceable under the circumstances presented here; moreover, Factory Mutual...

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