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LANG v. LOWE

No. 2011AP1742.

820 N.W.2d 494 (2012)

2012 WI App 94

Linda LANG and Michael Lang, Plaintiffs, Northwestern Mutual Health Care Benefits Plan and West Bend Mutual Insurance Company, Involuntary Plaintiffs, v. Terry LOWE, Wisconsin Hospitality Group and Fireman's Fund Insurance Company, Defendants-Appellants, Frankenmuth Insurance Company, Defendant-Respondent, American Automobile Insurance Company, Commerce and Industry Insurance Company, and Axis Surplus Lines Insurance Company, Defendants, Humana Insurance Company, Intervenor.

Court of Appeals of Wisconsin.

Opinion Filed July 24, 2012.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Beth Ermatinger Hanan of Gass Weber Mullins LLC, and Thomas E. Goss Jr. of Mueller Goss & Possi, S.C., of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Susan R. Tyndall of CMT Legal Group, Ltd. of Waukesha.

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

CURLEY, P.J.

¶ 1 Terry L. Lowe, Wisconsin Hospitality Group (generally referred to as "Pizza Hut"), and Fireman's Fund Insurance Company1 appeal from a judgment, entered upon a jury's verdict, declaring that: (1) the insurance policy issued by Frankenmuth Insurance Company to Lowe's primary employer — Unlimited, Inc. — does not provide coverage for damages arising from an accident that occurred while Lowe was using his...

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