Legal Opinion · Concurring in part, dissenting in part

Kenneth C. Burgraff, Sr. v. Menard, Inc.

Wisconsin Supreme Court

Decided February 24, 2016No. 2013AP000907Published

1Concurring in part, dissenting in part

*83PATIENCE DRAKE ROGGENSACK, C.J.

¶ 82. (concurring in part, dissenting in part). I concur in the majority opinion's conclusion that Millers First breached its duty to defend by withdrawing its defense prior to exhausting its $100,000 limit of liability.11 also concur in the majority opinion's conclusion that Me-nard's self-insured retention constitutes "other applicable liability insurance" under Millers First's "other insurance clause."9

¶ 83. However, I write in dissent because, contrary to the majority opinion, I conclude that Wisconsin has applied equitable contribution to other shared…

2Cases cited15 opinions

  1. Fireman's Fund Insurance v. Maryland Casualty Co.California Court of Appeal · 1998
  2. Maryland Casualty Co. v. Nationwide Mutual InsuranceCalifornia Court of Appeal · 2000
  3. Plastics Engineering Co. v. Liberty Mutual InsuranceWisconsin Supreme Court · 2009
  4. Kafka v. PopeWisconsin Supreme Court · 1995
  5. Hillegass v. LandwehrWisconsin Supreme Court · 1993

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