INDUSTRIAL RISK INS. v. AM. ENG. TESTING

No. 2008AP484.

769 N.W.2d 82 (2009)

2009 WI App 62

INDUSTRIAL RISK INSURERS and Quad Graphics, Inc., Plaintiffs-Respondents-Cross-Appellants, v. AMERICAN ENGINEERING TESTING, INC., Denzin Engineering, LLC, HK Systems, Inc., Rack Structures, Inc., Federal Insurance Company, American Home Assurance Company, OneBeacon Insurance Co., St. Paul Fire & Marine Ins. Co., Commercial Union Midwest Insurance Company and St. Paul Surplus Lines Insurance Company, Defendants, Nicole L. Jackson, Raul Garza, Loren L. Swoboda, State Farm Insurance Companies, Rural Mutual Insurance Co., Progressive Insurance Companies, Richard R. Kottnitz and Denise Padilla, Intervenors, Lumbermens Mutual Casualty Co. and Leavitt Tubing Company, LLC, Defendants-Appellants- Cross-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed April 14, 2009.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants-cross-respondents Lumbermens Mutual Casualty Company and Leavitt Tubing Company, LLC, the cause was submitted on the briefs of John V. McCoy and Thomas C. Hofbauer of McCoy & Hofbauer, of Waukesha, with oral argument by Thomas C. Hofbauer.

On behalf of the defendant-appellant-cross-respondent St. Paul Surplus Lines Insurance Company, the cause was submitted on the briefs of Brady C. Williamson, Katherine Stadler and Bryan J. Cahill of Godfrey & Kahn, S.C., of Madison, and Jean M. Golden, Pro Hac Vici, of Cassiday, Schade LLP, of Chicago, Illinois, with oral argument by Brady C. Williamson.

On behalf of the plaintiffs-respondents-cross-appellants Industrial Risk Insurers and Quad Graphics, Inc., the cause was submitted on the briefs of Jeffrey R. Zehe and Patrick C. Hess of Nielsen, Zehe & Antas, P.C., of Chicago, Illinois, and Bruce A. Schultz and Karen M. Gallagher of Coyne, Schultz, Becker & Bauer, S.C., of Madison, with oral argument by Patrick C. Hess.

Before CURLEY, P.J., KESSLER and BRENNAN, JJ.


¶ 1 CURLEY, P.J.

Leavitt Tubing Company, LLC (Leavitt) and Lumbermens Mutual Casualty Company (Lumbermens) appeal from a final judgment entered in favor of Industrial Risk Insurers (IRI) and Quad Graphics, Inc. (Quad).1 IRI/Quad cross-appeals, contending that the trial court erred by refusing to award it interest and double costs against Lumbermens under the offer-of-settlement provisions found in WIS. STAT. § 807.01 (2007-08...

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