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ESTATE OF ERMENC v. AMERICAN FAMILY MUT. INS. CO

No. 98-0531.

221 Wis.2d 478 (1998)

585 N.W.2d 679

IN RE the ESTATE OF Monica ERMENC, by Joseph Ermenc, Personal Representative, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided August 19, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Paul F. Reilly of Hipennmeyer, Reilly & Moodie, S.C. of Waukesha.

On behalf of the defendant-respondent, the cause was submitted on the brief of M. Christine Cowles and Angela M. Rogers of Borgelt, Powell, Peterson & Frauen, S.C. of Milwaukee.

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

BROWN, J.

The estate of Monica Ermenc appeals from a grant of summary judgment to American Family Mutual Insurance Company. The estate commenced an action against American Family for breach of contract and bad faith after American Family denied a claim for $31,694.76 in medical bills which Monica incurred while being treated for stomach cancer. The trial court granted summary judgment to American Family finding that Monica's stomach cancer was not a covered sickness...

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