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MERITER HEALTH v. TRAVELERS CAS. & SUR. CO.

No. 2007AP1983.

758 N.W.2d 112 (2008)

2008 WI App 132

MERITER HEALTH SERVICES, INC., Plaintiff-Appellant, v. TRAVELERS CASUALTY AND SURETY COMPANY OF AMERICA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed July 17, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Arthur E. Kurtz and Mitchell R. Olson of Axley Brynelson, LLP, Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Thomas N. Klug and Patryk Silver of Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee.

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

¶ 1 BRIDGE, J.

Meriter Health Services, Inc. commenced this action against Travelers Casualty and Surety Company of America for breach of contract after Travelers denied a claim made by Meriter under a "commercial crime" insurance policy issued by Travelers. The circuit court granted Travelers' motion for summary judgment, concluding that Travelers owed no insurance coverage to Meriter because of a misrepresentation made by Meriter on its insurance application...

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