Opinion
No. 2012AP2032.
2013-11-19
COMMERCE BLUFF ONE CONDOMINIUM ASSOCIATION, INC., Robert Neville, Steven Costello, Manuel Torres, Kathy Torres, Fredy P. Canales Living Trust, Elaine Canales Wilson Living Trust, Jinhua Gao, Qi Sun, Richard Durkin, Paul Robb, Rod Holloway, Rose Holloway, Benjamin Mandelman and Ellen Mandelman, Plaintiffs, v. ACUITY AND CINCINNATI INSURANCE COMPANY, Defendants. Timothy J. Dixon and Cornerstone Property Development, LLC, Defendants–Third–Party Plaintiffs–Appellants, v. Linda Peterson, Third–Party Defendant–Respondent. Hustad Roofing, Inc. and Society Insurance, Third–Party Defendants.
(Emphasis added.) The parties agree that the contract requires a negligent act or omission on the part of Peterson (or someone she employed) before Cornerstone can pursue Peterson for relief under the contract's terms. We agree as well. See State v. Peppertree Resort Villas, Inc., 2002 WI App 207, ¶ 14, 257 Wis.2d 421, 651 N.W.2d 345 (“When the terms of a contract are plain and unambiguous, we will construe the contract as it stands.”).