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DAY v. ALLSTATE INDEM. CO.

No. 2008AP2929.

798 N.W.2d 199 (2011)

2011 WI 24

Wendy M. DAY, individually and as Personal Representative of the deceased, Emma Day, Plaintiff-Respondent-Petitioner, v. ALLSTATE INDEMNITY COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. Clinton Day, Third-Party Defendant.

Supreme Court of Wisconsin.

Decided April 29, 2011.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner the cause was argued by Martha H. Heidt , Bye, Goff & Rohde, Ltd., River Falls, with whom on the brief was C.M. Bye and Brian F. Laule .

For the defendant-third-party-plaintiff-appellant the cause was argued by John M. Swietlik, Jr. , Kasdorf, Lewis & Swietlik, S.C., Milwaukee with whom on the brief was Michael D. Aiken and Michael J. Cerjak .

ANN WALSH BRADLEY, J.

¶ 1 Wendy M. Day seeks review of a published decision of the court of appeals reversing the circuit court's denial of Allstate Indemnity Company's motion for summary judgment.1 The parties dispute whether Wendy's claim for wrongful death is covered under the terms of a homeowner's policy Allstate issued to Clinton and Holly Day. Allstate argues that the language of the family exclusion precludes coverage for...

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