WISCONSIN PUBLIC SERVICE v. ARBY CONST.

No. 2010AP878.

798 N.W.2d 715 (2011)

2011 WI App 65

WISCONSIN PUBLIC SERVICE CORPORATION, Plaintiff, Associated Electric & Gas Insurance Services Limited (AEGIS), Plaintiff-Appellant, v. ARBY CONSTRUCTION, INC., Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 21, 2011.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Cassandra B. Westgate and Thomas Terwilliger of Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau.

On behalf of the defendant-respondent, the cause was submitted on the brief of Reince R. Priebus , Charles P. Graupner , and Aaron H. Kastens of Michael Best & Friedrich LLP, Milwaukee.

Before VERGERONT, P.J., LUNDSTEN and BLANCHARD, JJ.


VERGERONT, P.J.

¶ 1 The issue on appeal is whether the circuit court correctly concluded that Associated Electric & Gas Insurance Services Limited (AEGIS) was barred on the ground of claim preclusion from bringing this action against Arby Construction, Inc. AEGIS claims in this action that it is entitled to indemnification under an indemnification contract between Arby and AEGIS's insured, Wisconsin Public Service Corporation (WPS). The circuit court agreed...

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