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ALLSTATE INS. CO. v. GIFFORD

No. 92-1449.

178 Wis.2d 341 (1993)

ALLSTATE INSURANCE COMPANY, Plaintiff-Appellant-Cross Respondent, v. Ralph GIFFORD and Shelly Gifford, Defendants-Respondents-Cross Appellants.

Court of Appeals of Wisconsin.

Decided July 20, 1993.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant-cross respondent, the cause was submitted on the briefs of Terrance E. Davczyk and Christopher J. Conrad of Kasdorf, Lewis & Swietlik, S.C., of Milwaukee.

On behalf of the defendants-respondents-cross appellants, the cause was submitted on the briefs of Thomas W. Druck of Druck & Swartzberg, S.C., of Milwaukee.

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

FINE, J.

Allstate Insurance Company commenced this declaratory-judgment action seeking a declaration that Ralph and Shelly Gifford could not collect under their Allstate automobile policy for damages sustained in an automobile accident in excess of what the Giffords received from the negligent party's liability insurer. The trial court declared that the Giffords are entitled to recover $25,000 from Allstate. Allstate appeals...

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