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GRUBE v. DAUN

Nos. 91-2312, 91-2322.

173 Wis.2d 30 (1992)

Gordon J. GRUBE and Julie Grube, Plaintiffs, v. John L. DAUN, Louis Achter and Secura Insurance, Defendants. Gordon J. GRUBE and Julie Grube, Plaintiffs-Appellants, v. Jerry THIEL, Defendant-Respondent. Gordon J. GRUBE and Julie Grube, Plaintiffs, v. Jerry THIEL, Defendant. Gordon J. GRUBE and Julie Grube, Plaintiffs-Appellants-Respondents, v. John L. DAUN and Louis Achter, Defendants-Respondents, SECURA INSURANCE, Defendant-Co-Appellant.

Court of Appeals of Wisconsin.

Decided November 11, 1992.

Attorney(s) appearing for the Case

On behalf of plaintiffs-appellants-respondents Gordon J. Grube and Julie Grube, the cause was submitted on the briefs of Lutz, Burnett & McDermott of Chilton and Jerome L. Fox of Olson, Winter and Fox of Two Rivers.

On behalf of defendant-co-appellant Secura Insurance, the cause was submitted on the briefs of John D. Claypool and Michael S. Siddall of Herrling, Clark, Hartzheim & Siddall, Ltd. of Appleton.

Before Nettesheim, P.J., Brown and Anderson, JJ.

ANDERSON, J.

Gordon and Julie Grube appeal from the portion of an order granting Jerry Thiel's motion for summary judgment. They also appeal from the portion granting partial summary judgment to John Daun and Louis Achter. Secura Insurance (Secura) appeals the denial of summary judgment on Louis Achter's claims against Secura.1

Because we conclude that an "as is" clause is not necessarily a bar to claims based on negligence and...

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