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MIKULA v. MILLER BREWING Co.

No. 2004AP498.

281 Wis.2d 712 (2005)

2005 WI App 92

701 N.W.2d 613

Thor C. MIKULA and West Bend Mutual Insurance Company, Plaintiffs, v. MILLER BREWING COMPANY, Defendant-Third-Party Plaintiff-Appellant, ACUITY, A Mutual Insurance Company, Defendant-Respondent, v. J.F. COOK, INC., Third-Party Defendant-Respondent, UNITRIN PREFERRED INSURANCE COMPANY, Third-Party Defendant, MILWAUKEE MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided April 12, 2005.

Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant, the cause was submitted on the briefs of Jeffrey O. Davis and Patrick S. Nolan of Quarles & Brady, LLP, of Milwaukee.

On behalf of the defendant-respondent Acuity, the cause was submitted on the brief of Arthur P. Simpson of Simpson & Deardorff, S.C., of Milwaukee.

On behalf of the respondents J.F. Cook Co., Inc. and Milwaukee Mutual Insurance Company, the cause was submitted on the brief of Susan R. Tyndall of CMT Legal Group, Ltd., of Waukesha.

Before Wedemeyer, P.J., Fine and Curley, JJ.

¶ 1. CURLEY, J.

Miller Brewing Company appeals from the trial court's grant of summary judgment, holding that Miller has no coverage under the insurance policy issued by Acuity, a mutual insurance company, to Selzer-Ornst Company, a general contractor hired by Miller, to which Miller was added as an "additional insured." Miller also appeals from the trial court's grant of declaratory judgment holding that neither J...

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