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DAVIS v. AMERICAN FAMILY MUT. INS. CO.

No. 97-0133.

212 Wis.2d 382 (1997)

569 N.W.2d 64

John DAVIS, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 15, 1997.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Timothy T. Sempf of Novitzke, Gust & Sempf of Amery.

On behalf of the defendant-respondent, the cause was submitted on the brief of Steven G. Danielson of Danielson, Guettinger, Richie, Manydeeds & Weinke, S.C. of Eau Claire.

Before Cane, P.J., Myse and Mohr, JJ.

CANE, P.J.

John Davis appeals a summary judgment granted in favor of American Family Insurance Company, dismissing his bad faith claim against American Family. Davis asserts the trial court erroneously exercised its discretion when it granted a stay of the proceedings pursuant to § 801.63, STATS. He also argues that the doctrines of judicial estoppel, fundamental fairness and claim preclusion do not support summary...

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