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PIPER v. NITSCHKE'S NORTHERN RESORT CONDO.

No. 2009AP550.

777 N.W.2d 677 (2010)

2009 WI App 182

William S. PIPER, Debra M. Piper, Bearskin Trail, LLC, Gregory Tracy, Mary Jo Tracy, Gregory A. Meylor and Marisa K. Meylor, Plaintiffs, v. NITSCHKE'S NORTHERN RESORT CONDOMINIUM OWNER'S ASSOCIATION, LLC, Richard C. Nitschke, Brigit Nitschke, Peoples State Bank and Wells Fargo Bank, N.A., Defendants, Ernest/Cherie, LLC and John Falls, Defendants-Appellants, Chicago Title Insurance Company, Intervening Defendant-Respondent, Secura Insurance, a mutual company, Intervening Defendant.

Court of Appeals of Wisconsin.

Submitted on Briefs September 29, 2010.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Frank W. Kowalkowski of Davis & Kuelthau, S.C., Green Bay.

On behalf of the intervening defendant-respondent, the cause was submitted on the brief of Douglas J. Klingberg of Ruder Ware, L.L.S.C., Wausau.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

Ernest/Cherie, LLC, and John Falls appeal a judgment declaring Chicago Title Insurance Company has no duty to defend them against a suit brought by members of a condominium association. Ernest/Cherie and Falls argue the court incorrectly concluded an exclusion to their title insurance policies precludes coverage for the claims. We agree and reverse.

BACKGROUND

¶ 2 In 2002, Ernest/Cherie, a real estate developer, filed a...

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