03-3047 Williams v. Rexworks, Inc.

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“Quite simply, if RHI did indeed believe that it was entitled to separate counsel, and accordingly, to the reimbursement of its fees, on the basis of the existence of some conflict, it should have taken the necessary steps to actually establish that a conflict existed, and brought the matter before the trial court for determination. Instead, we have an agreement that is silent as to how either party is to properly discharge its defense duties, an accepted tender of defense, RHI’s assertion that they believed there was a conflict and never ‘acceded’ to joint representation, and Rexworks’ belief that no conflict existed.

“Furthermore, RHI has pointed to no authority indicating that once the defense is tendered, and accepted, the tenderor has to ‘accede’ to joint representation. There is no basis in the law or the agreement requiring that third step. Pointing to a potential conflict of interest does not fill that gap, especially considering the fact that the conflict was never actually established or brought before the trial court for determination.”

Orders affirming judgment for Rexworks are affirmed.

Recommended for publication in the official reports.

Dist I, Milwaukee County, Fiorenza, J., Curley, J.

Attorneys:

For Appellant: Karen M. Schapiro, Brookfield; Benjamin C. Grawe, Brookfield

For Respondent: Karen L. Tidwall, Milwaukee