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PAMPERIN RENTALS v. R.G. HENDRICKS & SONS

No. 2011AP2544.

825 N.W.2d 297 (2012)

344 Wis.2d 669

2012 WI App 125

PAMPERIN RENTALS II, LLC, Pamperin Rentals III, LLC, Airport Shell, Inc., Brookside Shell, LLC, D/D Williamson, LLC, Grand Central, LLC and PJ's of DePere, LLP, Plaintiffs, v. R.G. HENDRICKS & SONS CONSTRUCTION, INC., Defendant-Appellant. ABC Insurance Company, Red-D-Mix Concrete, Inc., AMCO Insurance Company and Nationwide Mutual Insurance Company, Defendants, Pekin Insurance Company, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed October 10, 2012.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of April Rockstead Barker and Kurt A. Goehre of Liebmann, Conway, Oleniczak & Jerry, S.C., Green Bay.

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

Before HOOVER, P.J., PETERSON and MANGERSON, JJ.

HOOVER, P.J.

¶ 1 R.G. Hendricks & Sons Construction, Inc., appeals a summary judgment dismissing Pekin Insurance Company from the action. The court concluded that Pekin's policy afforded no coverage for the claims asserted against Hendricks, and that Pekin therefore had no duty to indemnify or further defend Hendricks. Hendricks argues the policy does afford coverage. We disagree, and affirm.

BACKGROUND

¶ 2 This case arises from the...

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