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ACUITY v. ESTATE OF SHIMETA

Appeal No. 2020AP189.

965 N.W.2d 78 (2021)

2021 WI App 64

ACUITY, a Mutual Insurance Co., Plaintiff-Respondent, v. ESTATE OF Michael SHIMETA and Terry Scherr, Defendants-Appellants, Partners Mutual Insurance Co., Intervening Defendant.

Court of Appeals of Wisconsin.

Opinion Filed: August 31, 2021.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Brett A. Eckstein and Rachel E. Potter of Cannon & Dunphy, S.C., in Brookfield.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Stuart R. Deardorff , Christine M. Rice , and Nicole R. Radler of Simpson & Deardorff, S.C., in Milwaukee.

Before Donald, P.J., Dugan and White, JJ.

¶1 The Estate of Michael Shimeta and Terry Scherr appeal an order denying their motion for judgment on the pleadings and granting Acuity, a Mutual Insurance Co.'s motion for declaratory judgment.1 The Estate and Scherr argue that they are each entitled to an additional $250,000 payment pursuant to the...

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