SCHAEFER v. NORTHERN ASSUR. CO.

No. 92-1419.

182 Wis.2d 148 (1994)

513 N.W.2d 615

Michael J. SCHAEFER and Deborah Schaefer, Plaintiffs-Appellants, v. NORTHERN ASSURANCE COMPANY OF AMERICA, Defendant-Respondent, Dr. Irene BRZEZINSKI and American Family Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided February 1, 1994.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Starobin & Associates, S.C., with Aaron Starobin, of Mequon, and Fraker & Kaplan, S.C., with Donald Roy Fraker, of Mequon.

For defendant-respondent Northern Assurance Company of America the cause was submitted on the briefs of Piette & Jacobson, S.C., with Ronald L. Piette and Michael T. Steber, of Milwaukee.

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


SULLIVAN, J.

Michael J. Schaefer and his wife, Deborah Schaefer, appeal from a summary judgment dismissing their action and granting Northern Assurance Company of America its attorney fees in the amount of $8,804.35 and statutory costs of $474.50. We conclude that the trial court, under the circumstances, properly dismissed the action on the basis of non-cooperation. We further conclude that the trial court possessed and...

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