2014 WI 5

SUPREME COURT OF WISCONSIN CASE NO.: 2012AP392 COMPLETE TITLE: State Farm Fire and Casualty Company, Plaintiff-Appellant, v. Hague Quality Water, International and The Cincinnati Insurance Company, Defendants-Respondents-Petitioners.

REVIEW OF A DECISION OF THE COURT OF APPEALS Reported at 345 Wis. 2d 741, 826 N.W.2d 412 (Ct. App. 2013 – Published) PDC No: 2013 WI App 10

OPINION FILED: January 28, 2014 SUBMITTED ON BRIEFS: ORAL ARGUMENT: January 14, 2014

SOURCE OF APPEAL: COURT: Circuit COUNTY: Sheboygan JUDGE: James J. Bolgert

JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: PROSSER, J., did not participate.

ATTORNEYS: For the defendants-respondents-petitioners, there were briefs by Jason P. Gehring and Kasdorf, Lewis & Swietlik, S.C., Milwaukee, and oral argument by Jason P. Gehring.

For the plaintiff-appellant, there was a brief by Charles W. Kramer and Monte E. Weiss and Weiss Law Office, S.C., Mequon, and oral argument by Charles W. Kramer. 2014 WI 5 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2012AP392 (L.C. No. 2010CV1276)

STATE OF WISCONSIN : IN SUPREME COURT

State Farm Fire and Casualty Company,

Plaintiff-Appellant,

v. FILED Hague Quality Water, International and The Cincinnati JAN 28, 2014

Insurance Company, Diane M. Fremgen Clerk of Supreme Court

Defendants-Respondents-Petitioners.

REVIEW of a decision of the Court of Appeals. Affirmed.

¶1 PER CURIAM. The court is equally divided on the

question of whether the decision of the court of appeals, State

Farm Fire & Cas. Co. v. Hague Quality Water, Int'l, 2013 WI App 10, 345 Wis. 2d 741, 826 N.W.2d 412, which reversed the

Sheboygan County Circuit Court,1 should be affirmed or reversed.

Chief Justice Shirley S. Abrahamson, Justice Ann Walsh Bradley,

1 The Honorable James J. Bolgert, presiding. No. 2012AP392

and Justice N. Patrick Crooks would affirm. Justice Patience

Drake Roggensack, Justice Annette K. Ziegler, and Justice

Michael J. Gableman would reverse. Justice David T. Prosser did

not participate.

¶2 Accordingly, the decision of the court of appeals is

affirmed.

2 No. 2012AP392

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