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01-2609 Buyeske, et al. v. Wausau Underwriters Insurance Company, et al.

By: dmc-admin//December 30, 2002//

01-2609 Buyeske, et al. v. Wausau Underwriters Insurance Company, et al.

By: dmc-admin//December 30, 2002//

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West Bend Mutual Insurance Company appeals from an order denying on summary judgment its claim for reformation of the policy it issued to Omnni Associates, Inc. The circuit court held that West Bend owes coverage to Omnni and that West Bend’s coverage is primary to the coverage owed to Omnni by Security Insurance Company of Hartford. We conclude that the presence of factual disputes prevents disposition of West Bend’s reformation claim on summary judgment. We also conclude that if West Bend owes coverage to Omnni, the pollution exclusion provision in West Bend’s policy does not apply. Finally, we hold that in the event West Bend owes coverage to Omnni, West Bend’s coverage is excess to that afforded by Security.

We affirm in part, reverse in part and remand for further proceedings.

This opinion will not be published.

Dist II, Winnebago County, Haase, J., Per Curiam

Attorneys:

For Appellant: Jeffrey L. Leavell, Racine; Christine M. Genthner, Racine; Stacy Kay Luell, Racine

For Respondent: John J. Blasi, Chicago, Ill.; James L. Kirschnik, Brookfield; Randall A. Haak, Kaukauna; Stephen C. Dozer, Kaukauna

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