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JAMES CAPE & SONS EX REL. v. STREU CONST.

No. 2008AP2872.

775 N.W.2d 117 (2009)

2009 WI App 154

JAMES CAPE & SONS COMPANY, By its receiver Michael S. POLSKY, Plaintiff, v. STREU CONSTRUCTION CO., p/k/a PCC Construction Co., Vinton Construction Co., John Streu, Ernest J. Streu, James J. Maples, Michael J. Maples and Daniel Beaudoin, Defendants-Respondents, Zurich American Insurance Company, Valiant Insurance Company and Northern Insurance Company of New York, Intervening Defendants-Appellants, RLI Insurance Company, Intervening Defendant.

Court of Appeals of Wisconsin.

Opinion Filed September 9, 2009.

Attorney(s) appearing for the Case

On behalf of the intervening defendants-appellants, the cause was submitted on the briefs of Craig W. Nelson of Nelson, Connell, Conrad, Tallmadge & Slein, S.C., Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael B. Apfeld of Godfrey & Kahn, S.C., Milwaukee.

Before BROWN, C.J., SNYDER and KESSLER, JJ.

¶ 1 SNYDER, J.

Zurich American Insurance Company, Valiant Insurance Company, and Northern Insurance Company of New York (together, Zurich) appeal from a declaratory judgment, which concluded that they had a duty to defend Streu Construction Company and Vinton Construction Company, with regard to allegations of negligence against them. James Cape & Sons sued Streu, Vinton and five individuals for damages arising from a criminal construction bid-fixing conspiracy...

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