WILSON MUT. INS. CO. v. FALK

Nos. 2013AP691, 2013AP776.

857 N.W.2d 156 (2014)

2014 WI 136

WILSON MUTUAL INSURANCE COMPANY, Plaintiff-Respondent-Petitioner, v. Robert FALK and Jane Falk, Defendants-Appellants, State of Wisconsin Department of Natural Resources, Lee Laatsch, Michael Jante, Jessica Jante, Ruth Hetzel, Jeff Wiedmeyer, Kimber Wiedmeyer, Paul Lorge, Tammy Lorge, Paul Wilkins, Addicus Jante and Trilogy Health Insurance Inc., Defendants. Wilson Mutual Insurance Company, Plaintiff-Respondent-Petitioner, v. Robert Falk, Jane Falk, State of Wisconsin Department of Natural Resources, Lee Laatsch, Ruth Hetzel, Paul Wilkins and Trilogy Health Insurance, Inc., Defendants, Michael Jante, Jessica Jante, Jeff Wiedmeyer, Kimber Wiedmeyer, Paul Lorge, Tammy Lorge and Addicus Jante, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided December 30, 2014.


Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner, there were briefs by Ryan R. Graff and Nash, Spindler, Grimstad & McCracken LLP, Manitowoc. Oral argument by Ryan R. Graff.

For defendants-appellants Robert and Jane Falk, there was a brief by Ronald R. Ragatz and DeWitt Ross & Stevens S.C., Madison. Oral argument by Ronald R. Ragatz.

For defendants-appellants-respondents Michael Jante , Jessica Jante , Addicus Jante , Jeff Wiedmeyer , Kimber Wiedmeyer , Paul Lorge , and Tammy Lorge , there was a brief by Ryan J. Hetzel and Hetzel & Nelson, LLC, West Bend. Oral argument by Ryan J. Hetzel.

An amicus curiae brief was filed by Laura A. Foggan and Wiley Rein LLP, Washington, D.C.; and Robert C. Burrell , Joshua B. Cronin , and Borgelt, Powell, Peterson & Frauen, S.C., Milwaukee, on behalf of Complex Insurance Claims Litigation Association.

An amicus curiae brief was filed by Timothy M. Barber and Axley Brynelson LLP, Madison, on behalf of Wisconsin Insurance Alliance.


¶ 1 We review a published decision of the court of appeals1 reversing the Washington County circuit court's order granting declaratory judgment in favor of Wilson Mutual Insurance Company ("Wilson Mutual").2 The circuit court concluded that Wilson Mutual had no...

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