PAAPE v. NORTHERN ASSUR. CO.

No. 86-1438.

142 Wis.2d 45 (1987)

416 N.W.2d 665

James J. PAAPE, Plaintiff-Appellant, v. The NORTHERN ASSURANCE COMPANY OF AMERICA, a foreign corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 21, 1987.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Warshafsky, Rotter, Tarnoff, Gesler, Reinhardt & Bloch, S.C., with Daniel J. Cook of counsel, of Milwaukee.

For the defendant-respondent the cause was submitted on the briefs of Piette, Knoll & Nelson, S.C., with Craig W. Nelson of counsel, of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.


WEDEMEYER, J.

James J. Paape appeals from a summary judgment granted in favor of Northern Assurance Company of America. He raises three issues: (1) whether Northern, by refusing to make a payment for underinsurance, waived all its policy rights and defenses; (2) whether the trial court erred in deciding the issue of contract reformation when it was not raised by Northern's motion for summary judgment; and (3) whether, after Northern refused to pay his underinsurance...

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