BROWN v. SANDEEN AGENCY, INC.

No. 2008AP464.

762 N.W.2d 850 (2008)

2009 WI App 11

Wayne BROWN and Dianna Brown, d/b/a Sky High Crane Rental, Inc., Plaintiffs-Respondents-Cross-Appellants, v. SANDEEN AGENCY, INC., Defendant-Third-Party Plaintiff-Appellant-Cross-Respondent, Tri-State Insurance Company of Minnesota, d/b/a Berkley Risk Administrators Company, LLC, Defendant-Respondent-Cross-Respondent, State Auto Insurance Company of Wisconsin, Intervening Defendant, v. Bill Brown, Third-Party Defendant.

Court of Appeals of Wisconsin.

Opinion Filed December 23, 2008.


Attorney(s) appearing for the Case

On behalf of the defendant-third-party plaintiff-appellant-cross-respondent, the cause was submitted on the briefs of Rolf E. Sonnesyn and Matthew R. Smith of Tomsche, Sonnesyn & Tomsche, P.A. of Minneapolis, MN.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Patrick T. Tierney, Esq. of Collins, Buckley, Sauntry & Haugh, P.L.L.P., of St. Paul, Minnesota.

On behalf of the defendant-respondent-cross-respondent, the cause was submitted on the brief of Susan D. Thurmer and Tamara L. Novotny of Cousineau McGuire Chartered, of Minneapolis, Minnesota.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.


¶ 1 HOOVER, P.J.

Sandeen Agency, Inc., appeals an order granting summary judgment to Tri-State Insurance Company of Minnesota. Sandeen argues the circuit court erroneously concluded Tri-State was not obligated to pay a Minnesota worker's compensation claim under a policy issued to Wayne and Dianna Brown, d/b/a Sky High Crane Rental, Inc. (collectively, "Sky High"). Sandeen further alleges the court erroneously determined Sandeen was not Tri-State's agent. Sky...

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