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MATTHIESEN v. CONTINENTAL CAS. CO.

No. 93-0453.

193 Wis.2d 192 (1995)

532 N.W.2d 729

Mark A. MATTHIESEN, Plaintiff-Interpleader-Appellant-Petitioner, EMPLOYERS HEALTH INSURANCE COMPANY, Involuntary-Plaintiff-Interpleader-Defendant, v. CONTINENTAL CASUALTY COMPANY, Defendant-Interpleader-Plaintiff, ESTATE OF Edward WILD and Marilyn Wild, Interpleader-Plaintiffs, v. Mary K. MATTHIESEN, Interpleader-Defendant, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Interpleader-Defendant-Respondent.

Supreme Court of Wisconsin.

Decided June 7, 1995.

Attorney(s) appearing for the Case

For the plaintiff-interpleader-appellant-petitioner there were briefs by William M. Cannon, Mark L. Thomsen and Cannon & Dunphy, S.C., Milwaukee and oral argument by Mark L. Thomsen.

For the interpleader-defendant-respondent there was a brief by Janet E. Cain and Peterson, Johnson & Murray, S.C., Milwaukee and oral argument by James T. Murray.

Amicus curiae brief was filed by Robert L. Jaskulski and Domnitz, Mawicke, Goisman & Rosenberg, S.C., Milwaukee for Wisconsin Academy of Trial Lawyers.

Amicus curiae brief was filed by Noreen J. Parrett, Joanne R. Whiting and LaFollette & Sinykin, Madison for the Wisconsin Insurance Alliance.

Amicus curiae brief was filed by Mark A. Klinner and Terwilliger, Wakeen, Piehler & Conway, S.C., Wausau for the Civil Trial Counsel of Wisconsin.

DAY, J.

This is a review of an unpublished decision of the court of appeals affirming a judgment of the circuit court for Milwaukee County, Honorable Michael J. Barron, Judge, that granted summary judgment against Mr. Mark A. Matthiesen in favor of American Family Mutual Insurance Company, Mr. Matthiesen's underinsured motorist (UIM) insurer. The sole issue on review is whether the reducing clauses in the two American Family UIM policies issued to Matthiesen apply...

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