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SCHEIDELER v. SMITH & ASSOCIATES, INC.

No. 96-0319.

206 Wis.2d 480 (1996)

557 N.W.2d 445

Joshua SCHEIDELER, Jason Scheideler, Andrea Scheideler and Dustin Scheideler, by their Guardian Ad Litem, Jerome P. Tlusty, and Daniel Scheideler and Rebecca Scheideler, Plaintiffs, v. SMITH & ASSOCIATES, INC., Edward J. Smith, Smith Insurance Center, Inc., and Employers Reinsurance Corporation, Defendants-Respondents. GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided November 14, 1996.

Attorney(s) appearing for the Case

For the defendant-appellant the cause was submitted on the briefs of Douglas J. Klingberg and Matthew E. Yde of Ruder, Ware & Michler, S.C. of Wausau.

For the defendants-respondents the cause was submitted on the brief of Bruce A. Olson of Olson & Nesemann of Appleton.

Before Eich, C.J., Vergeront and Roggensack, JJ.

VERGERONT, J.

This appeal concerns the effect of a partial settlement agreement between insureds and their automobile insurance carrier on the insureds' claims against the insurance agent. The Scheideler family had underinsured motorist (UIM) coverage under their policy with General Casualty Company of Wisconsin until their agent, the Smith Agency, mistakenly deleted that coverage. When General Casualty denied the Scheidelers' claim for UIM benefits, the Scheidelers...

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