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KUEHN v. SAFECO INS. CO. OF AMERICA

No. 86-0696.

140 Wis.2d 620 (1987)

412 N.W.2d 126

Jeanne KUEHN, Plaintiff-Appellant, v. SAFECO INSURANCE COMPANY OF AMERICA, a foreign corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 2, 1987.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Bunk, Doherty & Griffin, S.C., with Joseph G. Doherty and Patrick R. Griffin of counsel, of West Bend.

For the defendant-respondent the cause was submitted on the briefs of Arnold, Murray, O'Neill & Schimmel, with Lawrence P. Zieger of counsel, of Milwaukee.

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

WEDEMEYER, J.

Jeanne Kuehn (Kuehn) appeals from an order dismissing her claim against Safeco Insurance Company for underinsured motorist coverage under a policy issued to her deceased husband, Dr. Richard Kuehn.

Kuehn raises two issues on appeal: (1) Safeco cannot benefit from the provisions of an endorsement for underinsurance coverage not included with a policy where there is an ambiguity in the contract; and (2) sec. 631.43(1), Stats., prohibits the use...

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