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GUST v. OTTO

Nos. 88-1410, 88-1411.

147 Wis.2d 560 (1988)

433 N.W.2d 286

Shirley GUST and Harrold Gust, Sr., Plaintiffs-Respondents, v. Verlyn W. OTTO, and Mutual Service Casualty Insurance Company, Defendants, ECONOMY FIRE & CASUALTY COMPANY, Appellant. Brenda NEWMIER, Kevin Newmier and Bradley Newmier, Minors by their Guardian ad Litem Jerome A. Maeder, and Mary Newmier and Steven Newmier, Plaintiffs-Respondents, v. Verlyn W. OTTO and Mutual Service Casualty Insurance Company, a foreign insurance corporation, Defendants, ECONOMY FIRE & CASUALTY COMPANY, Appellant.

Court of Appeals of Wisconsin.

Decided November 15, 1988.

Attorney(s) appearing for the Case

For appellant there were briefs filed by Steven R. Schilke of Wausau.

For plaintiffs-respondents there was a brief by Jerome A. Maeder, S.C., of Wausau.

Before Cane, P.J., LaRocque and Myse, JJ.

CANE, P.J.

Economy Fire & Casualty Company appeals a judgment entered against it for $216,846.82. The issue on appeal is whether Economy's underinsured motorist coverage begins at the level of its insured's underlying recovery from the major liability carrier or at the level of the major liability carrier's policy limit. The trial court concluded that Economy's underinsured coverage begins at the level of its insured's underlying recovery. We agree and affirm...

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