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ESTATE OF PLAUTZ v. TIME INS. CO.

No. 92-2708.

189 Wis.2d 136 (1994)

525 N.W.2d 342

ESTATE OF Glenn F. PLAUTZ, by Charlotte Pagel, Personal Representative, Plaintiff-Appellant-Cross Respondent, Tracie Plautz BURKART, Allyson Plautz and Carole Plautz Hofstetter, Involuntary-Plaintiffs, v. TIME INSURANCE COMPANY, Defendant-Respondent-Cross Appellant, ABC INSURANCE COMPANY, Defendant.

Court of Appeals of Wisconsin.

Decided November 8, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant-cross respondent and involuntary-plaintiffs the cause was submitted on the briefs of Aiken & Scoptur, S.C., with Timothy J. Aiken and Kelly L. Centofanti of Milwaukee. There was oral argument by Timothy J. Aiken.

For the defendant-respondent-cross appellant the cause was submitted on the briefs of Riordan, Crivello, Carlson, Mentkowski & Steeves, S.C., with Timothy F. Mentkowski, Mary Beth Castino, and Barbara L. Henderson of Milwaukee. There was oral argument by Timothy F. Mentkowski and Mary Beth Castino.

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

SCHUDSON, J.

With this appeal the Estate of Glenn Plautz presents an issue of first impression: whether a beneficiary/claimant under a life insurance policy can bring a bad faith claim against an insurance company following the death of the named insured. The Estate appeals from the trial court judgment entered in favor of Time Insurance Company, following a judgment notwithstanding the verdict, based on the trial court...

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