MARNHOLTZ v. CHURCH MUT. INS. CO.

No. 2011AP150.

815 N.W.2d 708 (2012)

2012 WI App 53

David J. MARNHOLTZ and Diane L. Marnholtz, Plaintiffs-Appellants, v. CHURCH MUTUAL INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Respondent, Thrivent Financial For Lutherans as Administered by Blue Cross Blue Shield of Minnesota, Defendant, v. David Leach, Third-Party Defendant.

Court of Appeals of Wisconsin.

Opinion Filed April 26, 2012.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

On behalf of the defendant-third party plaintiff-respondent, the cause was submitted on the brief of Christian A. Preus of Meagher & Geer, P.L.L.P., Minneapolis, MN.

Before VERGERONT, SHERMAN and BLANCHARD, JJ.


SHERMAN, J.

¶ 1 David Marnholtz (Marnholtz) and his wife, Diane Marnholtz, appeal an order of the circuit court dismissing on summary judgment their suit against Church Mutual Insurance Company to recover damages for personal injuries sustained by Marnholtz. At issue in this case is whether David Leach, who resided on property where Marnholtz sustained injuries as a result of a fall, was an insured under a homeowner's insurance policy issued by Church Mutual...

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