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ESTATE OF JONES EX REL. DEMET v. SMITH

No. 2008AP1753.

768 N.W.2d 245 (2009)

2009 WI App 88

ESTATE OF Asia D. JONES, by Attorney Donal M. DEMET, Personal Representative, David Edison, and Nicole J. Jones, Plaintiffs-Appellants, v. Terence J. SMITH, Telisa C. Hopgood, Tvette Huddleston, Duane Gladney, Shontina Gladney, Come & Grow Learning Arts Center, Inc., and Wee World Day Care, Inc., Defendants, Capitol Indemnity Corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed May 27, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Laurence J. Fehring of Habush, Habush & Rottier, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of David J. Pliner of Corneille Law Group, L.L.C. of Madison.

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

¶ 1 BRENNAN, J.

The Estate of Asia D. Jones appeals from the grant of summary judgment in favor of Capitol Indemnity Corporation, the general commercial general liability ("CGL") insurer for Come & Grow Learning Arts Center, Inc., and Wee World Day Care, Inc. (the Day Care Center involved in this case). The Estate contends the trial court erred when it ruled that Capitol's CGL insurance policy did not provide coverage based on the policy's exclusion for bodily...

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