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LANGONE v. AMERICAN FAMILY MUT. INS. CO.

No. 2006AP1332.

731 N.W.2d 334 (2007)

2007 WI App 121

Christopher L. LANGONE, James Langone, and Priscilla Langone, Plaintiffs-Respondents, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant, David Boyer, Dean Health Plan, Inc., United Dominion Industries, The Travelers Company, Stritzel Heating, Inc., The Marley Company, Inc., d/b/a Weil-McLain, DEF Insurance Company, and Wisconsin Electric Power Company, Defendants. American Family Mutual Insurance Company, Plaintiff-Appellant, v. David M. Boyer, Estate of Michael Langone, Bernard J. Powell, Stritzel Heating, Inc., Weil-McLain Boiler Company, United Dominion Industries, City of Whitewater, The Travelers Companies, DEF Insurance Company, GHI Insurance Company, and JKL Insurance Company, Defendants, Christopher Langone, James Langone, individually and as the Special Administrator of the Estate of Michael A. Langone, and Priscilla Langone, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 14, 2007.

Attorney(s) appearing for the Case

On behalf of the appellant, the cause was submitted on the briefs of David J. Pliner of Corneille Law Group, L.L.C., Madison.

On behalf of the respondents, the cause was submitted on the brief of Larry B. Brueggeman of Previant, Goldberg, Uelmen, Gratz, Miller & Breggeman, S.C., Milwaukee.

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

¶ 1 SNYDER, P.J.

American Family Mutual Insurance Company appeals from a judgment awarding $100,000 to Christopher L., James and Priscilla Langone. American Family argues that the circuit court erred when it determined that its policy afforded coverage and a defense to David M. Boyer, whose actions negligently damaged the Langones. American Family asserts that the absolute pollution exclusion contained in its insurance contract with Boyer excludes coverage under...

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