00-1208 Roberts v. Wolf, et al.

By: dmc-admin//July 30, 2001//

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Tecwyn Roberts, Sara H. Roberts and Elizabeth M. Halkerston (collectively, the Robertses) sued John J. Wolf and Linda Wolf alleging intentional trespass to land, injury to real property, unlawful cutting of timber and interference with or declaration of interest in real property. The Wolfs tendered the defense of the Robertses’ claims to their homeowner’s policy insurer, West Bend Mutual Insurance Company (West Bend). West Bend accepted the tender of defense, denied that coverage existed under the homeowner’s policy, requested a declaration pursuant to Wis. Stat. sec. 806.04 (1999-2000) and filed a motion for summary judgment dismissal. The trial court granted West Bend’s summary judgment motion and the Wolfs appeal.

Not recommended for publication in the official reports.

Dist II, Sheboygan County, Stengel, J., Snyder, J.

Attorneys:

For Appellant: John N. Gunderson, Sheboygan; Michael J. Kuborn, Bullhead City, AZ

For Respondent: Eric E. Eberhardt, Port Washington

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