INSURANCE CO. OF NORTH AMERICA v. CEASE ELECTRIC INC.

No. 03-0689.

276 Wis.2d 361 (2004)

2004 WI 139

688 N.W.2d 462

INSURANCE COMPANY OF NORTH AMERICA, Plaintiff Respondent, COLD SPRING EGG FARM, INC., Involuntary-Plaintiff Respondent, v. CEASE ELECTRIC INC., d/b/a Zillmer Electric and Pekin Insurance Company, Defendants Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided November 9, 2004.


Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by Monte E. Weiss and Weiss Law Office, S.C., Milwaukee; and J.P. Fernandes and Hale & Wagner, S.C., Milwaukee, and oral argument by Monte E. Weiss.

For the plaintiff-respondent and involuntary plaintiff-respondent there was a brief by Timothy A. Bascom, Richard E. Ceman, Jr., Amy J. Wilkinson and Bascom, Budish & Ceman, S.C., Wauwatosa, and oral argument by Timothy A. Bascom.

An amicus curiae brief was filed by E. Campion Kersten and Kersten & McKinnon, S.C., Milwaukee; and William C. Gleisner, III, and Law Offices of William Gleisner, Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

An amicus curiae brief was filed by Thomas P. Godar, John D. Finerty, Jr., and Michael Best & Friedrich, LLP, Madison; and Michele Odorizzi and Mayer, Brown, Rowe & Maw, LLP, Chicago, on behalf of Associated General Contractors of America, AGC of Wisconsin, Inc., and Associated General Contractors of Greater Milwaukee, and oral argument by Michele Odorizzi.


¶ 1. ANN WALSH BRADLEY, J.

The petitioners, Cease Electric Inc., d/b/a Zillmer Electric and Pekin Insurance Company seek review of a court of appeals' decision affirming a circuit court judgment awarding Cold Spring Egg Farm, Inc., and its insurance carrier, Insurance Company of North America, damages for losses sustained due to the failure of a barn ventilation system.1 Cease Electric...

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