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AMERICAN FAMILY MUT. INS. CO. v. SCHMITZ

No. 2010AP16.

793 N.W.2d 111 (2010)

2010 WI App 157

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. James W. SCHMITZ, Jr. and Jody L. Schmitz, Defendants-Respondents, Waukesha State Bank, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed October 20, 2010.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Robert C. Burrell and Joshua B. Cronin of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

On behalf of the defendants-respondents James W. Schmitz, Jr. , and Jody L. Schmitz , the cause was submitted on the brief of Christopher P. Riordan of von Briesen & Roper, S.C. of Milwaukee.

Before BROWN, C.J., NEUBAUER, P.J., and FINE, J.

BROWN, C.J.

¶ 1 James, Jr., and Jody Schmitz argue that they were insured for their losses when their home collapsed during heavy rains in June 2008. They acknowledge that their insurance policy with American Family Mutual Insurance Company excluded damages resulting from surface water and flooding. But they assert that the policy excepts collapses resulting from defective methods of construction and claim that their failure to build a retaining wall when adding...

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