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BURGRAFF v. MENARD, INC.

No. 2013AP907.

853 N.W.2d 574 (2014)

2014 WI App 85

Kenneth C. BURGRAFF, Sr. and Linda Burgraff, Plaintiffs-Respondents, v. MENARD, INC., Defendant-Appellant, Millers First Insurance Company, Defendant-Respondent, Walmart Stores, Inc. Associates Health and Welfare Plan, Defendant.

Court of Appeals of Wisconsin.

Opinion Filed July 29, 2014.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of and oral argument by Jeffrey S. Fertl and Melissa J. Lauritch of Hinshaw & Culbertson LLP of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of and oral argument by John C. Possi of Mueller, Goss & Possi, S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Martha H. Heidt of Bye, Goff & Rohde, Ltd. of River Falls.

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

STARK, J.

¶ 1 Kenneth Burgraff was injured while an employee of Menard, Inc., was loading materials onto Burgraff's trailer using a forklift. Burgraff sued Menard for damages. Menard tendered defense of Burgraff's claim to Burgraff's car insurer, Millers First Insurance Company, asserting it was entitled to coverage under the Millers First policy as a permissive user of Burgraff's vehicle. In addition to the Millers First policy, Menard had a commercial general...

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