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IN MATTER OF ANCILLIARY LIQUIDATION OF MISSION INSURANCE

No. 92-1839.

177 Wis.2d 563 (1993)

502 N.W.2d 887

IN the MATTER OF the ANCILLIARY LIQUIDATION OF MISSION INSURANCE COMPANY, Mission National Insurance Company and Enterprise Insurance Company: AZCO HENNES-SANCO, LTD., Appellant, v. WISCONSIN INSURANCE SECURITY FUND, Respondent.

Court of Appeals of Wisconsin.

Decided June 3, 1993.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of J. Ric Gass and Mark M. Leitner of Kravit, Gass & Weber, S.C., of Milwaukee.

For the respondent the cause was submitted on the brief of Jeffrey J. Kassel and Teresa M. Elguezabal of LaFollette & Sinykin of Madison.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

EICH, C.J.

We decide in this case that an excess liability insurer, Mission National Insurance Company, owed no duty under the terms of its policy to defend its insured and is not responsible for attorney fees and other costs, where the primary carrier provided a defense and the action was settled within the limits of the primary-level policy — even though the plaintiffs' claims originally exceeded the limits of the primary-level policy.

The facts are...

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