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VENERABLE v. ADAMS

No. 2008AP2188.

767 N.W.2d 386 (2009)

2009 WI App 76

Laura VENERABLE, individually, and as Special Administrator of the Estate of Devin L. Venerable, Plaintiff, v. Bryan N. ADAMS and All Sports Bar & Grill, Inc., Defendants, InsureMax Insurance Company, Defendant-Appellant, American Family Mutual Insurance Company, Defendant-Cross Claimant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 28, 2009.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Robert F. Johnson and Robin S. Jacobs of Cook & Franke S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert W. Zillmer, Jr. of Milwaukee.

Before FINE, KESSLER and BRENNAN, JJ.

¶ 1 BRENNAN, J.

InsureMax Insurance Company appeals from an order reserving its right to appeal from the trial court's denial of its motion seeking summary judgment on coverage. InsureMax contends the trial court should have ruled that its policy did not provide coverage because the "deemed permission" rule set forth in Arps v. Seelow, 163 Wis.2d 645, 472 N.W.2d 542 (Ct.App.1991...

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