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BAUER v. CENTURY SUR. CO.

No. 2005AP1218.

718 N.W.2d 163 (2006)

2006 WI App 113

Delvin E. BAUER and Arlene A. Bauer, Plaintiffs-Co-Appellants, Montana State Fund, a Foreign Insurance Corporation, Plaintiff, v. CENTURY SURETY COMPANY, a Foreign Insurance Corporation, Defendant-Appellant, Great West Casualty Company, a Foreign Insurance Company, Defendant-Respondent, James F. Johnston d/b/a Johnston Crane Company, a Domestic Company, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed May 2, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Susan R. Tyndall of CMT legal Group, Ltd. of Waukesha.

On behalf of the plaintiffs-co-appellants, the cause was submitted on the brief of James A. Pitts of Schoone, Leuck, Kelley, Pitts & Knurr, S.C. of Racine.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael R. Vescio of O'Hagan, Smith & Amundsen, LLC. of Milwaukee.

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

¶ 1 CANE, C.J.

Century Surety Company and Delvin and Arlene Bauer (collectively, Century) appeal the circuit court's summary judgment in favor of Great West Casualty Company, which stated that Great West had no duty to defend or indemnify James Johnston d/b/a Johnston Crane Company. The sole issue is whether Johnston was in the process of unloading a turbine from Bauer's truck at the time the accident occurred and therefore became an operator of Bauer's truck...

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