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WIEGERT v. TM CARPENTRY, LLC

Appeal No. 2020AP1833.

978 N.W.2d 207 (2022)

2022 WI App 28

Terry WIEGERT and Deborah Wiegert, Plaintiffs, v. TM CARPENTRY, LLC, State Farm Fire & Casualty Company and Auto-Owners Insurance, Defendants, Stone Creek Builders, LLC, Defendant-Third-Party Plaintiff-Appellant, v. Timothy Balthazor d/b/a Tim Balthazor Masonry and Secura Insurance, a Mutual Company, Third-Party Defendants, Acuity, a Mutual Insurance Company, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed: May 4, 2022.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Erik Fuehrer of Gabert , Williams, Konz & Lawrynk, LLP, Appleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Christine Marie Rice of Simpson & Deardorff, S.C., Milwaukee.

Before Gundrum, P.J., Neubauer and Grogan, JJ.

¶1 Stone Creek Builders, LLC, (Stone Creek) appeals from an order of the circuit court granting a motion for summary judgment in favor of Acuity, A Mutual Insurance Company (Acuity). The court ruled that Acuity had no duty to indemnify its insured, Stone Creek, against claims asserted by Terry and Deborah Wiegert which arise out...

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