5 WALWORTH, LLC, Plaintiff,
v.
ENGERMAN CONTRACTING, INC., Defendant,
Downes Swimming Pool Co., Inc. and The Cincinnati Insurance Company, Defendants-Third-Party Plaintiffs,
West Bend Mutual Insurance Company and General Casualty Company of Wisconsin, Defendants-Petitioners,
v.
Otto Jacobs Company, LLC, Third-Party Defendant-Appellant,
Acuity, A Mutual Insurance Company, Third-Party Defendant-Respondent-Petitioner.
5 Walworth, LLC, Plaintiff,
v.
Engerman Contracting, Inc., Defendant-Appellant,
Downes Swimming Pool Co., Inc. and The Cincinnati Insurance Company, Defendants-Third-Party Plaintiffs,
West Bend Mutual Insurance Company and General Casualty Company of Wisconsin, Defendants-Respondents-Petitioners,
v.
Otto Jacobs Company, LLC, Third-Party Defendant,
Acuity, A Mutual Insurance Company, Third-Party Defendant-Petitioner.
Supreme Court of Wisconsin.https://leagle.com/images/logo.png
Oral Argument: September 12, 2022.
Opinion Filed: June 20, 2023.
Attorney(s) appearing for the Case
For defendants-petitioners and defendants-respondents-petitioners, there were briefs filed by Henry E. Koltz , Robert F. Johnson , Douglas M. Raines , and Schmidt, Darling & Erwin, Milwaukee, and von Briesen & Roper, S.C., Milwaukee. There was an oral argument by Henry E. Koltz.
For third-party defendant-respondent-petitioner and third-party defendant-petitioner, there were briefs filed by Joseph M. Mirabella and Simpson & Deardorff, S.C. There was an oral argument by Joseph M. Mirabella.
For third-party defendant-appellant and third-party defendant, there was a brief filed by Sheila L. Shadman Emerson , Scott R. Halloin , and Halloin Law Group, S.C., Milwaukee. There was an oral argument by Sheila L. Shadman Emerson.
HAGEDORN, J., delivered the majority opinion of the Court, in which ANN WALSH BRADLEY, DALLET, and KAROFSKY, JJ., joined, and in which ZIEGLER, C.J., joined except for ¶¶5, 7, 39-42, and 49. ROGGENSACK, filed a concurring opinion. ZIEGLER, C.J., filed an opinion concurring in part and dissenting in part, in which REBECCA GRASSL BRADLEY, J., joined.
BRIAN HAGEDORN, J.
¶1 This is an insurance dispute over damages allegedly caused by the deficient construction of an in-ground pool. The pool cracked and caused vast amounts of water to leak into the surrounding soil. In the end, the homeowner had to demolish the entire pool structure and construct a new one. Two of the insurers in this case...
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