HERITAGE FARMS, INC. v. MARKEL INS. CO.

No. 2007AP983.

747 N.W.2d 762 (2008)

2008 WI App 46

HERITAGE FARMS, INC., Audrey Bunchkowski, Russell Bunchkowski, Ruth Dutcher, Howard Dutcher, Sally Freitag, Amy Holzwart, James Holzwart, Kathleen Khin, Glenwood Zellmer, Daryl Lloyd, Donald Lloyd, Judy Maas, Jeffrey Maas, Carolyn Mueller, Lois Rucich, George Rucich, Donna Semrow, Harland Semrow, Beverly Singer, Norman A. Singer Trust, Joan Singer, Gordon Singer, Singer Living Trust, Inga Stoellinger, Otto Stoellinger, Catherine Swanton, Swanton Family Trust, Christine Toliver, Alan Toliver, Krista Zimmer and Norman Zimmer, Plaintiffs-Appellants, Hartford Insurance Company of the Midwest, Auto-Owners Insurance Company, Safeco Insurance Company of America and Acuity, a mutual insurance company, Involuntary-Plaintiffs, v. MARKEL INSURANCE COMPANY, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, American Family Mutual Insurance Company and Jeffrey Knaack, Defendants-Respondents. Ted Schwochert, Paul B. Schwochert, Helen Schwochert and Sue Schroeder, Plaintiffs-Appellants, v. Markel Insurance Company, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, American Family Mutual Insurance Company and Jeffrey Knaack, Defendants-Respondents. Wisconsin Department of Natural Resources, Plaintiff, v. Markel Insurance Company, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, American Family Mutual Insurance Company and Jeffrey Knaack, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed February 28, 2008.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, Heritage Farms, the cause was submitted on the briefs of Mark L. Thomsen and Charles David Schmidt of Cannon & Dunphy, S.C., Brookfield, and Clay R. Dutcher of Dutcher Law Office, L.L.C., Wautoma. On behalf of the plaintiffs-appellants, Schochert, the cause was submitted on the briefs of George W. Curtis and Brian P. Beisenstein of Curtis Law Office, Oshkosh.

On behalf of the defendants-respondents, Markel Insurance Company, J.J.J. Recreation Corporation d/b/a Lake of the Woods Campground, and Jeffrey Knaack, the cause was submitted on the brief of John V. McCoy and Daniel J. Meunier of McCoy & Hofbauer, S.C., Waukesha.

Before HIGGINBOTHAM, P.J., VERGERONT and LUNDSTEN, JJ.


¶ 1 VERGERONT, J.

In this action Heritage Farms, Inc. and other plaintiffs seek damages resulting from a fire that began on Lake of the Woods Campground and spread to their properties.1 The dispositive issue on this appeal is whether WIS. STAT. § 26.21(1) (2005-06),2 which provides for double damages and reasonable attorney fees, applies in this case. We agree with the circuit court that the statute...

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