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DAVIES v. HEMAN

No. 93-3077.

186 Wis.2d 370 (1994)

520 N.W.2d 917

Gregory DAVIES, Richard Davies and Carol A. Davies, Plaintiffs-Appellants, v. Richard HEIMAN and Mary Heiman, Defendants, SAFECO INSURANCE COMPANY OF AMERICA, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 6, 1994.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Robert J. Urban of Robert J. Urban Law Offices and Burton A. Strnad and Alan W. Herzberg, Jr. of Burton A. Strnad, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Lawrence P. Zieger and Mark Schlei of Mitchell, Baxter & Zieger, S.C. of Milwaukee.

Before Anderson, P.J., Brown and Nettesheim, JJ.

BROWN, J.

The dispute here concerns whether service of the insurer, through the Office of the Commissioner of Insurance, was effectuated within the required sixty-day time period. We hold that the commissioner was not timely provided with the correct number of copies of the summons and complaint. Therefore, service was not accomplished. We affirm the trial court's dismissal of the case.

The plaintiffs, Gregory Davies, Richard Davies and Carol A. Davies (the...

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