Beacon Bowl v. Wisconsin Electric Power

In 1985, a fire extensively damaged the Beacon Bowl restaurant, bar, and bowling alley. West Bend Mutual Insurance Company and Tower Insurance Company, Inc. (insurers) paid their insureds for damages caused by the fire and, as subrogated plaintiffs, sued Wisconsin Electric Power Company (WEPCO) and Pinky Electric Incorporated (Pinky) for property damage caused by the fire. A jury found WEPCO 85 percent negligent, Pinky 10 percent negligent, and the City of New Berlin 5 percent negligent. WEPCO appealed, and both Pinky and the insurers cross-appealed. The court of appeals certified the following issues to this court: