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FILING v. COMMERCIAL UNION MIDWEST INS. CO.

No. 97-2136.

217 Wis.2d 640 (1998)

579 N.W.2d 65

Richard M. FILING, Phyllis Filing, and Hazel Boggs, Plaintiffs-Appellants, v. COMMERCIAL UNION MIDWEST INSURANCE COMPANY, Defendant-Third-Party Plaintiff-Respondent. Lisa Marie FILING, Metropolitan Life Ins. Co., ABC Ins. Co., Blue Cross/Blue Shield United of WI, Aetna Insurance Co., and Donna Shalala, Secretary of the United States Department of Health & Human Services, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided March 3, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Virginia M. Antoine of Habush, Habush, Davis & Rottier, S.C. of Milwaukee, and John D. Murray of Habush, Habush, Davis & Rottier, S.C. of Appleton.

On behalf of the defendant-third-party plaintiffs-respondent, the cause was submitted on the brief of Michael T. Steber of Nelson, Dries & Zimmerman, S.C. of Brookfield.

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

CANE, P.J.

In this dispute involving underinsured motorist coverage (UIM), the plaintiffs appeal from a declaratory judgment concluding that they could not claim underinsured benefits from their insurer, Commercial Union Midwest Insurance Company, for injuries incurred in a two-vehicle accident. The plaintiff, Richard Filing, was driving his automobile with three family members as passengers: his wife, Phyllis; his daughter, Lisa; and his mother-in-law, Hazel Boggs...

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