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WEGNER v. WEST BEND MUT. INS. CO.

No. 2005AP3193.

728 N.W.2d 30 (2006)

2007 WI App 18

David WEGNER and Janis Wegner Plaintiffs-Appellants, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Respondent, Rural Mutual Insurance Company, Intervening Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 19, 2006.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Matthew A. Biegert and Anne E. Schmiege of Doar, Drill & Skow, S.C. of New Richmond.

On behalf of the defendant-respondent, the cause was submitted on the brief of James A. Pelish and Matthew Torgerson of Thrasher, Doyle, Pelish & Franti, Ltd. of Rice Lake.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Ryan J. Steffes and Thomas J. Graham, Jr. of Weld, Riley, Prenn & Ricci, S.C. of Eau Claire.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

David and Janis Wegner appeal two summary judgments in favor of West Bend Mutual Insurance Company and Rural Mutual Insurance company. The first judgment held the Wegners were not entitled to the policy limits of both insurance policies in effect when their home was destroyed by a tornado. The second judgment awarded Rural a contribution payment from West Bend because Rural paid more than its liability for the Wegners' loss. The Wegners argue WIS...

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