Rudolph J. ARLT, Jr., individually and as special administrator of the estate of Kenneth M. Arlt, and Kloy Arlt, Plaintiffs-Appellants,
v.
AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Respondent,
Michael J. BERG, Worldwide Underwriters Ins. Co., Wisconsin Electrical Employees Health & Welfare Fund, Third Party Defendants.
Court of Appeals of Wisconsin.https://leagle.com/images/logo.png
Oral argument April 21, 1994.
Decided February 9, 1995.
Attorney(s) appearing for the Case
For the plaintiffs-appellants the cause was submitted on the brief of James G. Curties of Hale, Skemp, Hanson & Skemp of La Crosse. Oral argument by James G. Curtis.
For the defendant and third-party plaintiffrespondent the cause was submitted on the brief of Bryant Klos of Klos, Flynn & Papenfuss-Chartered of La Crosse. Oral argument by Bryant Klos.
Brief of amicus curiae third party defendant, Worldwide Underwriters Insurance Company, was filed by James E. Garvey of Garvey, Anderson, Johnson, Gabler & Geraci, S.C. of Eau Claire.
Before Eich, C.J., Gartzke, P.J., and Dykman, J.
Court of Appeals of Wisconsin.
GARTZKE, P.J.
Rudolph J. Arlt, Jr.1 and Kloy Arlt appeal from a judgment dismissing their complaint against their uninsured-motorist insurer, American Family Mutual Insurance Company, after the trial court granted American Family's summaryjudgment motion. The issues are (1) whether an insured may recover on his or her uninsured-motorist provision when the liability insurer of the adverse driver has a coverage defense but is statutorily...
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