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SUSTACHE v. AMERICAN FAMILY MUT. INS. CO.

No. 2006AP939.

735 N.W.2d 186 (2007)

2007 WI App 144

Estate of James B. SUSTACHE, by its Special Administrator, James Sustache and Antoinette Sustache, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent, Larry Mathews and Jeffrey W. Mathews, Defendants-Appellants Carrie A. Roman, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed May 30, 2007.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of John V. O'Connor of O'Connor, Dumez, Alia & McTernan, S.C. of Kenosha.

On behalf of the defendant-respondent, the cause was submitted on the brief of Terry J. Booth, of Piper & Schmidt of Milwaukee.

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

¶ 1 NETTESHEIM, J.

This is an insurance duty-to-defend case. The usual mechanism for determining whether an insurer owes a duty to defend is the "four corners" of the complaint. Doyle v. Engelke, 219 Wis.2d 277, 284 and n. 3, 580 N.W.2d 245 (1998). The question posed by this case is whether there is an exception to the four-corners rule where (1) a third party's complaint alleges...

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