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EBERTS v. GODERSTAD

No. 06-3629.

569 F.3d 757 (2009)

Eric G. EBERTS and Deborah R. Eberts, Plaintiffs, v. Torge GODERSTAD, Svetlana Goderstad, also known as Suzanne Goderstad, and National Plastics Trading Company, Incorporated, Defendants-Appellants, v. American Family Mutual Insurance Company, Defendant-Appellee.

United States Court of Appeals, Seventh Circuit.

Decided June 29, 2009.

Attorney(s) appearing for the Case

Stacy E. Ertz, Murnane Brandt, St. Paul, MN, for Plaintiffs.

Philip A. Munroe (argued), Direnzo & Bomier, Neenah, WI, Terry J. Booth (argued), Fellows, Piper & Schmidt, Milwaukee, WI, for Defendants-Appellants.

Before RIPPLE, WILLIAMS, and SYKES, Circuit Judges.

SYKES, Circuit Judge.

This case arises from the sale of an expensive and historic home in Neenah, Wisconsin. After moving in, the buyers discovered numerous defects in the home and sued the sellers in federal district court for breach of contract, various forms of misrepresentation, and negligence. The present appeal is limited to a dispute about insurance coverage — specifically, whether the sellers' insurer has a duty to defend the sellers under the terms...

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