02-2124 Hook v. Bonner, et al.

By: dmc-admin//May 20, 2003//

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Michael and Betty Hook bought a house from William and Judith Bonner. The Hooks commenced this action alleging, in part, that the Bonners failed to properly treat or repair fire damage to the house and that the Bonners misrepresented the condition and history of the house. The Hooks appeal from a summary judgment dismissing the Bonners’ insurer, American Family Mutual Insurance Company, upon the determination that there is no coverage and no duty to defend.

We conclude that issues of material fact exist; we reverse the judgment dismissing American Family, and remand for further proceedings.

This opinion will not be published.

Dist II, Waukesha County, Davis, J., Per Curiam

Attorneys:

For Appellant: Kathryn S. Gutenkunst, Waukesha; Brian M. Brejcha, Waukesha

For Respondent: Terry T. Booth, Milwaukee; Jeaneen J. Dehring, Milwaukee

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