Duty to defend
B.G. Lein Management Corp. and Cartlein Investments, LLC, appeal from the order granting summary judgment to West Bend Mutual Insurance Co. The court determined that West Bend did not have a duty to defend J.K. Contractors, Inc. in a suit brought against them by the appellants. Cartlein argues that the circuit court erred when it granted summary judgment to West Bend because the court ignored the reasonable inferences to be drawn from the affidavits West Bend submitted in opposition to summary judgment, and that West Bend has a duty to defend J.K. Contractors. We conclude that affidavits submitted by Cartlein in opposition to summary judgment failed to establish the evidentiary facts necessary to support its claim. Consequently, we affirm the judgment of the circuit court. This opinion will not be published.
2010AP456 B.G. Lein Management Corp., et al.
Dist II, Waukesha County, Hassin, J., Per Curiam
Attorneys: For Appellant: Regan, Denis J., Milwaukee; Keppel, Kathryn A., Milwaukee; Strohbehn, Christopher L., Milwaukee; For Respondent: Evans, William J., West Bend