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GERTH v. AMERICAN STAR INS. CO.

No. 91-0066.

166 Wis.2d 1000 (1992)

480 N.W.2d 836

Harold C. GERTH, individually, and as personal representative of the Estate of Randy Gerth, Plaintiff-Respondent, v. The AMERICAN STAR INSURANCE COMPANY, a foreign insurance corporation, Defendant-Appellant, AMERICAN MOTORISTS INSURANCE COMPANY, a foreign insurance corporation, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided January 28, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James P. Brennan of Brennan & Collins of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of John W. Markson of Bell, Metzner, Gierhart & Moore, S.C. of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Robert R. Studt and Lawrence E. Bechler of Jenswold, Studt, Hanson, Clark & Kaufmann of Madison.

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

MYSE, J.

American Star Insurance Company appeals a default judgment awarded against it because of its failure to timely answer the complaint, and an order that denied American Star's motion to extend the time for answering and granted Harold Gerth's motion to strike American Star's answer to the pleadings.

American Star contends that the trial court abused its discretion by refusing to grant it additional time to answer the complaint, by striking its untimely...

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