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C.R. v. AMERICAN STANDARD INS. CO.

No. 82-1096.

113 Wis.2d 12 (1983)

333 N.W.2d 121

C. R., by his Guardian ad Litem, James C. Herrick, Jr., Plaintiff-Respondent, v. AMERICAN STANDARD INSURANCE COMPANY OF WISCONSIN, a Wisconsin insurance corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided April 11, 1983.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Scott G. Pernitz and John D. Winner and Winner, McCallum, Hendee & Wixson, of Madison.

For the plaintiff-respondent the cause was submitted on the brief of James C. Herrick, Jr., and Herrick & Bilka, S.C. of Fond du Lac.

Before Gartzke, P.J., Dykman, J. and W. L. Jackman, Reserve Judge.

GARTZKE, P.J.

Defendant American Standard Insurance Company of Wisconsin appeals from a judgment declaring that plaintiff C.R., born out of wedlock, may maintain an action for the wrongful death of C.R.'s putative father, Kevin, because Kevin had acknowledged in writing that he was C.R.'s father. The question is whether the trial court erred by considering the surrounding circumstances when deciding the meaning of the writing. We hold that the court did not err. We...

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