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STATE FARM FIRE & CAS. CO. v. ACUITY

No. 04-1621.

280 Wis.2d 624 (2005)

2005 WI App 77

695 N.W.2d 883

STATE FARM FIRE & CASUALTY COMPANY, Plaintiff, Steven and Gale KAGEN, Intervening Plaintiffs, v. ACUITY, a mutual company, Defendant-Respondent, DR. K EXCAVATING, LLC and David R. Krause, Defendants-Appellants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY and Allen L. Lembcke d/b/a Cliff & Al's Heating Company, Defendants, WEST BEND MUTUAL INSURANCE COMPANY, Intervening Defendant.

Court of Appeals of Wisconsin.

Decided March 15, 2005.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Mark R. Feldmann of Menn, Teetaert & Beisenstein, Ltd. of Appleton.

On behalf of the defendant-respondent, the cause was submitted on the brief of Terri L. Weber of Nash, Spindler, Grimstad & McCracken, LLP of Manitowoc.

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

¶ 1. CANE, C.J.

Dr. K Excavating, LLC and David Krause1 appeal a judgment declaring that Acuity has no duty under its business liability policy with Krause to defend or indemnify Krause for damages to Gayle and Steven Kagen's home. Those damages occurred when Krause was attempting to remove two fuel oil tanks and the oil they contained. During the removal, oil escaped onto the Kagens' property...

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