ALLSTATE INS. CO. v. BRUNSWICK CORP.

No. 2006AP1705.

740 N.W.2d 888 (2007)

2007 WI App 221

ALLSTATE INSURANCE COMPANY and First State Insurance Company, Plaintiffs, v. BRUNSWICK CORPORATION, Defendant-Appellant, Mercury Marine, Affiliated FM Insurance Company, American Casualty Insurance Company, Certain London Market Insurers, Certain Underwriters at Lloyds, Columbia Casualty Company, Continental Casualty Company, Fireman's Fund Insurance Company, Home Insurance Company, Northwestern National Insurance, Employer's Insurance of Wausau and Zurich American Insurance Company, Defendants, Sentry Insurance and United National Insurance Company, Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed August 1, 2007.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James R. Clark, Lisa S. Neubauer and G. Michael Halfenger of Foley & Lardner, LLP, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Susan R. Tyndall of CMT Legal Group, LTD, Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief by Patrick J. Anderson of Storm, Balgeman, Miller & Klippel, S.C., Wauwatosa.

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


¶ 1 SNYDER, J.

Brunswick Corporation appeals from an order denying its motion to vacate judgments that were founded on subsequently overruled case law. The declaratory judgments, which address insurance coverage, were entered in 2000 by stipulation of the parties. Brunswick sought to re-open the judgments on grounds the case law in effect in 2000 has now been expressly overruled and firmly criticized by the supreme court. It contends that the circuit court erred...

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