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AVERY v. DIEDRICH

No. 2005AP1730.

720 N.W.2d 103 (2006)

2006 WI App 144

Thomas AVERY and Mary Avery, Plaintiffs-Respondents, v. Drew DIEDRICH, The Diedrich Agency, Inc. and Westport Insurance Corporation, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed June 7, 2006.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Mark S. Nelson and Heather A. Lutzke of Nelson, Connell & Conrad, S.C. of Brookfield.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Daniel S. Davis and Leah M. Michaelson-Link of Davis & Gelshenen, LLP of Milwaukee.

Before SNYDER, P.J., BROWN and NETTESHEIM, JJ.

¶ 1 BROWN, J.

Wisconsin case law makes clear that when an insurance agent agrees to procure coverage that the client requests, the failure to acquire it exposes the agent to a suit claiming negligence. This case tests whether an agent is exposed to liability even if the client requests the coverage and the agent has not agreed to procure it. We hold that the insurance agent is not so exposed and reverse the circuit court's determination to the contrary...

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