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FETHERSTON v. PARKS

No. 2012AP1920.

842 N.W.2d 481 (2013)

2014 WI App 2

Gregory J. FETHERSTON and Heather Fetherston, Plaintiffs-Respondents, Empire-Merrill Lynch, Involuntary-Plaintiff, v. Michael S. PARKS, ABC Insurance Company, Country Mutual Insurance Company and Wisconsin Physicians Service Insurance Company, Defendants, American Family Mutual Insurance Company, Defendant-Respondent, Acuity, a mutual insurance company, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed December 12, 2013.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and oral argument by James G. Curtis of Hale, Skemp, Hanson, Skemp & Sleik, La Crosse.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Terry J. Booth and Joseph M. Wirth of Piper & Schmidt, Milwaukee. There was oral argument by Joseph M. Wirth.

Before HIGGINBOTHAM, SHERMAN and KLOPPENBURG, JJ.

KLOPPENBURG, J.

¶ 1 Acuity, a mutual insurance company, appeals an order dismissing American Family Mutual Insurance Company as a defendant in this action.1 Acuity argues that the circuit court erroneously concluded that the intentional injury exclusion in the insurance policy issued by American Family to its insured, Michael Parks, applied to preclude coverage for injuries suffered by...

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