01-1270 Hale by g.a.l. Cranley v. American Family Mutual Insurance Company, et al.

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CIM MAC Properties appeals from the trial court’s order granting summary judgment in favor of American Family Mutual Insurance Company and denying CIM MAC’s motion for a declaratory judgment. The trial court concluded that CIM MAC’s insurance policy with American Family excluded coverage for personal injuries to a tenant who ingested lead paint chips. CIM MAC claims that the trial court erred because: (1) American Family altered its interpretation of the insurance contract after CIM MAC’s rights attached; (2) American Family failed to comply with the notice requirements of Wis. Stat. Sec. 631.36(5) (1999-2000) in connection with that altered interpretation; and (3) there is a material issue of fact in dispute regarding whether the lead paint chips “discharged, dispersed, released, or escaped” into the environment.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, Schlosstein, J., Per Curiam

Attorneys:

For Appellant: Jeffrey A. Schmeckpeper, West Allis; Matthew W. Moran, West Allis

For Respondent: James T. Murray Jr., Milwaukee; Janet E. Cain, Milwaukee