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TOWER INS. CO., INC. v. CARPENTER

No. 95-2932.

205 Wis.2d 365 (1996)

556 N.W.2d 384

IN the MATTER OF Nicholas L. CARPENTER, a Minor: TOWER INSURANCE COMPANY, INC., Plaintiff-Appellant, v. Gary CARPENTER, Defendant-Third Party Plaintiff-Respondent, v. Jeffrey SZALACINSKI, Third Party Defendant.

Court of Appeals of Wisconsin.

Decided October 2, 1996.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, there were briefs and oral arguments by Terry J. Booth of Fellows, Piper & Schmidt of Milwaukee.

On behalf of the defendant-third party plaintiff-respondent, there was a brief by James C. Herrick, Jr. and Michele D. Miller of Herrick Law Office, S.C. of Fond du Lac. There were oral arguments by Michele D. Miller.

On behalf of Nicholas L. Carpenter, there was a brief by John A. Neal and Beth D. Osowski of Curtis, Wilde & Neal Trial Lawyers of Oshkosh. There were oral arguments by Beth D. Osowski.

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

SNYDER, J.

Tower Insurance Company, Inc., appeals from a judgment awarding Gary Carpenter $50,000 in underinsured motorist (UIM) benefits on the following grounds: (1) that the Tower policy does not provide UIM coverage; (2) that Tower is entitled to the return of its $50,000 payment because it was a mistake; and (3) that the doctrine of accord and satisfaction is not applicable. Because Tower's payment of $50,000 was a final negotiated settlement of Carpenter's claim...

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