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MARTIN v. MILWAUKEE MUT. INS. CO.

No. 87-0590.

146 Wis.2d 759 (1988)

Arnold MARTIN, as an individual and as Special Administrator of the Estates of Julia Martin and Collin Martin, deceased, and Derrick Martin, a minor, by his guardian ad litem, Diane Loftus, Petitioners-Appellants, v. MILWAUKEE MUTUAL INSURANCE COMPANY, a Wisconsin Corporation, Respondent.

Supreme Court of Wisconsin.

Decided December 14, 1988.

Attorney(s) appearing for the Case

For the petitioners-appellants there were briefs (in court of appeals) by Michael F. Hupy and Hausmann, McNally & Hupy, S.C., Milwaukee, and oral argument by Michael F. Hupy.

For the respondent there was a brief (in court of appeals) by Thomas N. Harrington, Mark D. Richards and Cook & Franke, S.C., Milwaukee, and oral argument by Mr. Harrington.

Amicus curiae brief was filed by James T. Murray, Jr., Randy S. Parlee, and Peterson, Johnson & Murray, S.C., Milwaukee, for the Wisconsin Insurance Alliance.

DAY, J.

This is an appeal from two orders of the circuit court of Racine county, Hon. Stephen Simanek, Judge. This case was accepted on certification from the court of appeals pursuant to sec. 809.61, Stats. (1985-86).

The question as certified is: "Whether a passenger who is not a named insured may `stack'1 the uninsured motorist policies of the driver."

Under the uninsured...

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