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SOMMER v. CARR

No. 79-832.

95 Wis.2d 651 (1980)

291 N.W.2d 301

John SOMMER, Plaintiff v. Patrick J. CARR, American Standard Insurance Company of Wisconsin, The American Insurance Company, Defendants, Prudential Property and Casualty Insurance Company, Defendant and Third-Party Plaintiff-Respondent, Sentry Insurance Company, Third-Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 21, 1980.

Attorney(s) appearing for the Case

For the appellant, the cause was submitted on the briefs of Cook & Franke, S.C. and Robert F. Johnson, of counsel, of Milwaukee.

For the defendants and third-party plaintiff-respondent, the cause was submitted on the brief of deVries, Vlasak & Schallert, S.C. and Arthur J. Vlasak and Victor C. Harding of Milwaukee.

Before Decker, C.J., Moser, P.J., and Cannon, J.

DECKER, C.J.

Sentry Insurance Company seeks costs and reasonable attorney fees from Prudential Property and Casualty Insurance Company, pursuant to sec. 814.025, Stats., because Prudential pursued a third-party action against Sentry after Sentry provided Prudential with all the materials necessary to demonstrate that the action was frivolous. Sentry subsequently defeated the action, using those same materials. We find that Prudential's action was frivolous and reverse...

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