VARDA v. ACUITY

No. 2004AP2853.

284 Wis.2d 552 (2005)

2005 WI App 167

702 N.W.2d 65

Amy N. VARDA, Plaintiff-Respondent-Cross-Appellant, OSF HEALTHPLANS, Involuntary-Plaintiff, v. ACUITY, A Mutual Insurance Company, Defendant-Third-Party Plaintiff-Cross-Respondent, Brent ROBERTS, Jennifer L. Stoeger and ABC Insurance Company, Defendants-Cross-Respondents, ELLINGTON MUTUAL INSURANCE COMPANY, Defendant-Appellant, v. Luane QUELLA and Christopher Quella, Third-Party Defendants-Cross-Respondents.

Court of Appeals of Wisconsin.

Decided June 1, 2005.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Arnold P. Anderson of Mohr & Anderson, LLC, of Madison.

On behalf of the defendant-third-party plaintiff-cross-respondent, Acuity, a Mutual Insurance Company, the cause was submitted on the brief of Vincent R. Biskupic of Hinshaw & Culbertson, LLP of Appleton.

On behalf of the plaintiff-respondent-cross-appellant, Amy N. Varda, the cause was submitted on the combined brief of James P. Pitz of Sigman, Janssen, Stack, Sewall & Pitz of Appleton.

Before Cane, C.J., Hoover, P.J., and Peterson, J.


¶ 1. CANE, C.J.

Ellington Mutual Insurance Company appeals a nonfinal order1 denying its motion for summary judgment in this personal injury case. Ellington argues that its homeowner's policy with Henry Stezenski does not provide coverage for an accident that occurred while Christopher Quella was mowing the lawn of Stezenski's rental property because Quella was not performing "domestic...

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