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AVERY v. DIEDRICH

No. 2005AP1730.

734 N.W.2d 159 (2007)

2007 WI 80

Thomas AVERY and Mary Avery, Plaintiffs-Respondents-Petitioners, v. Drew DIEDRICH, The Diedrich Agency, Inc. and Westport Insurance Corporation, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided June 27, 2007.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by Daniel S. Davis, Leah M. Michaelson-Link, and Davis & Gelshenen, LLP, Milwaukee, and oral argument by Daniel S. Davis.

For the defendants-appellants there was a brief by Mark S. Nelson, Heather A. Lutzke, and Nelson, Connell, Conrad, Tallmadge & Slein, S.C., Brookfield, and oral argument by Mark S. Nelson.

An amicus curiae brief was filed by William C. Gleisner, III and the Law Offices of William C. Gleisner III, Milwaukee, and Timothy M. Barber and Hanaway Ross, S.C., Green Bay, on behalf of the Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by Daniel W. Hildebrand, Dennis P. Birke, and DeWitt Ross & Stevens S.C., Madison, on behalf of Professional Insurance Agents of Wisconsin, Inc., Independent Insurance Agents of Wisconsin, Inc., and National Association of Insurance and Financial Advisors—Wisconsin.

¶ 1 JON P. WILCOX, J.

This is a review of a published court of appeals decision, Avery v. Diedrich, 2006 WI App 144, 294 Wis.2d 769, 720 N.W.2d 103. The court of appeals reversed an order of the Fond du Lac County Circuit Court, Dale L. English, Judge, which denied the motion for summary judgment made by Drew Diedrich, The Diedrich Agency, Inc. (collectively, Diedrich) and...

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