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AGNEW v. AMERICAN FAMILY MUT. INS. CO.

No. 87-1327.

150 Wis.2d 341 (1989)

441 N.W.2d 222

Paul G. AGNEW, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 21, 1989.

Attorney(s) appearing for the Case

For the plaintiff-appellant there were briefs (in court of appeals) by Michael Riley and Johnson, Swingen, Atterbury, Riley & Luebke, S.C., Madison, and oral argument by Michael Riley.

For the defendant-respondent there was a brief (in court of appeals) by Jean M. Wiencek, Carroll Metzner, and Bell, Metzner & Gierhart, S.C., Madison, and oral argument by Carroll Metzner.

Amicus curiae briefs were filed by Eric Englund, Madison, for Wisconsin Insurance Alliance; and by Virginia M. Antoine and Habush, Habush & Davis, S.C., Milwaukee, for Wisconsin Academy of Trial Lawyers.

SHIRLEY S. ABRAHAMSON, J.

This is an appeal from a judgment of the Circuit Court for Dane County, Jack Aulik, Circuit Judge, granting summary judgment in favor of American Family Mutual Insurance Company. The circuit court held that the vehicle owner's three American Family insurance policies prohibit the plaintiff (the injured passenger in the insured driver's vehicle) from stacking (that is, aggregating or pyramiding)1 the three policies...

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