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STONE v. ACUITY

No. 2005AP1629.

723 N.W.2d 766 (2006)

2006 WI App 205

G. Vaughn STONE and Christine Stone, Plaintiffs-Respondents, Humana Wisconsin Health Organization Insurance Corporation, Involuntary-Plaintiff-Respondent, v. ACUITY, A Mutual Insurance Company, Defendant-Appellant.

Court of Appeals of Wisconsin.

Opinion Filed August 15, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Arthur P. Simpson of Simpson & Deardorff, S.C., of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Thomas J. Lonzo of Cook & Franke, S.C., of Milwaukee.

Before FINE, CURLEY and KESSLER, JJ.

¶ 1 FINE, J.

Acuity, A Mutual Insurance Company, appeals the trial court's: (1) orders denying its motion for summary judgment and motion for reconsideration of that denial, and (2) final order awarding G. Vaughn Stone and Christine Stone $500,000 of umbrella underinsured-motorists coverage.1 The issue presented by this appeal is whether the Stones should be deemed to have that underinsured-motorists coverage even though they did...

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