STUART v. WEISFLOG'S SHOWROOM GALLERY, INC.

No. 2005AP1287.

722 N.W.2d 766 (2006)

2006 WI App 184

Robert STUART and Lin Farquhar-Stuart, Plaintiffs-Respondents, v. WEISFLOG'S SHOWROOM GALLERY, INC. and Ronald R. Weisflog, Defendants-Respondents, American Family Mutual Insurance Company, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 23, 2006.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Paul J. Pytlik and Michelle M. Stoeck of Hills Legal Group, Ltd. of Waukesha.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Roy E. Wagner and Matthew R. Jelenchick of Niebler, Pyzyk, Klaver & Wagner LLP of Menomonee Falls.

Before SNYDER, P.J., BROWN and NETTESHEIM, JJ.


¶ 1 BROWN, J.

In this appeal, an insurance company attempts to apply certain "business risk" exclusions to preclude coverage where its insured incurs liability for misrepresentation pursuant to WIS. ADMIN. CODE § ATCP 110.02.1 The policy does include representations about work as an item excluded from the policy by the "your work" exclusion. However, the legislature created code liability with the specific purpose of remedying...

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