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BEHRENDT v. GULF UNDERWRITERS INS. CO.

No. 2006AP2910.

768 N.W.2d 568 (2009)

2009 WI 71

Kenneth J. BEHRENDT, Plaintiff-Appellant-Petitioner, v. GULF UNDERWRITERS INSURANCE CO. and Silvan Industries, Inc., Defendants-Respondents, Auto Owners Insurance Co., Peter Harding, Cincinnati Insurance Co., W.D.M. Enterprises of Marinette, WI and James E. Fisher, Defendants.

Supreme Court of Wisconsin.

Decided July 9, 2009.

Attorney(s) appearing for the Case

For the plaintiff-appellant-petitioner there were briefs by Mark S. Young, Rhonda L. Lanford, and Habush Habush & Rottier S.C., Milwaukee, and oral argument by Mark S. Young.

For the defendants-respondents there was a brief by John J. Laffey, Michael D. Rosenberg, Sarah Thomas Pagels, and Whyte Hirschboeck Dudek S.C., Milwaukee, and oral argument by John J. Laffey.

¶ 1 N. PATRICK CROOKS, J.

This is a review of an unpublished court of appeals decision1 affirming an order granting summary judgment to Silvan Industries, Inc. (Silvan) and its insurer, Gulf Underwriters Insurance Co. (Gulf). Silvan and Gulf were among those sued by Kenneth Behrendt (Behrendt) after he was injured when a tank exploded while he was using it at his job in an oil change business. The tank had been fabricated as a favor...

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