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ZARNSTORFF v. NEENAH CREEK CUSTOM TRUCKING

No. 2009AP1321.

792 N.W.2d 594 (2010)

2010 WI App 147

Paul A. ZARNSTORFF and Nadine B. Zarnstorff, Plaintiffs-Appellants, v. NEENAH CREEK CUSTOM TRUCKING, Defendant, Acuity, A Mutual Insurance Company, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 14, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Susan R. Tyndall of CMT Legal Group, Ltd., Waukesha, and David Rapoport of Rapoport Law Offices, P.C., Chicago.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michelle D. Johnson and Arthur P. Simpson of Simpson & Deardorff, S.C., Milwaukee.

Before VERGERONT, P.J., LUNDSTEN and HIGGINBOTHAM, JJ.

VERGERONT, P.J.

¶ 1 The primary issue on this appeal is whether the auto exclusion in the commercial general liability (CGL) policy issued by Acuity, a mutual insurance company, to Neenah Creek Custom Trucking applies to exclude coverage for injuries sustained by Paul and Nadine Zarnstorff. They were injured in an accident that occurred when a Neenah Trucking employee ran across the highway after checking to see whether a tractor and the trailer it pulled (semi...

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