DOE 1 v. ARCHDIOCESE OF MILWAUKEE

Nos. 2009AP2266, 2009AP2677, 2009AP2774, 2009AP2776, 2009AP2785, 2009AP2807, 2009AP2887, 2009AP2915, 2009AP2969, 2009AP2970.

794 N.W.2d 468 (2010)

2010 WI App 164

John DOE 1, John Doe 2, John Doe 3 and Charles Linneman, Plaintiffs, v. ARCHDIOCESE OF MILWAUKEE, Defendant-Appellant, ABC Insurance Company and Alias Insurance Company # 1, Defendants, v. Commercial Union Insurance Company n/k/a Onebeacon Insurance Company, Intervening-Defendant-Respondent. Jane Doe 1, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Diocese of Sioux Falls, S.D., Defendant, v. Commercial Union Insurance Company n/k/a Onebeacon Insurance Company, Intervening-Defendant-Respondent. Donald Marshall, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervenor-Defendant-Respondent. James Essenberg, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervening Defendant-Respondent. Peter Neels and David Neels, Plaintiffs, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervening Defendant-Respondent. Dean Weissmuller, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervening Defendant-Respondent, St. John's School for the Deaf, Defendant. John Doe 6, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervening-Defendant-Respondent. John Doe 14, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Defendant-Respondent. John Doe 13, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, a/k/a Onebeacon Insurance Company, Intervening Defendant-Respondent. Donald Butcher, Plaintiff, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervening Defendant-Respondent. Jane Doe 2 and Jane Doe 3, Plaintiffs, v. Archdiocese of Milwaukee, Defendant-Appellant, Commercial Union Insurance Company, n/k/a Onebeacon Insurance Company, Intervening Defendant-Respondent, Diocese of Sioux Falls, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed November 23, 2010.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of John Rothstein , Jeffrey O. Davis , David P. Muth and Natalie Maciolek of Quarles & Brady LLP of Milwaukee.

On behalf of the intervening-defendant-respondent, the cause was submitted on brief of Mark S. Nelson and Sarah A. Ponath of Nelson , Connell, Conrad, Tallmadge & Slein, S.C. of Waukesha.

Before CURLEY, P.J., FINE and KESSLER, JJ.


KESSLER, J.

¶ 1 At issue in this consolidated appeal is whether commercial general liability insurance coverage exists for the plaintiffs' claims of negligent misrepresentation against the Archdiocese of Milwaukee. The Archdiocese appeals the finding of the trial courts that insurance coverage does not exist under a commercial general liability policy (CGL) issued by OneBeacon Insurance Company1 because the actions underlying the...

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