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HANSON v. PRUDENTIAL PROPERTY & CASUALTY INS. CO.

No. 98-0692.

224 Wis.2d 356 (1999)

591 N.W.2d 619

Gary HANSON, Kathy Hanson and Federal Foam Technologies Inc., Plaintiffs-Respondents-Cross-Appellants, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided January 12, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Marcia V. Harris and Shawn M. Raiter of King & Hatch, P.A., St. Paul, Minnesota. There was oral argument by Shawn M. Raiter

On behalf of the plaintiffs-respondents-cross-appellants, there was a brief and oral argument by Timothy T. Sempf and Jason W. Whitley of Novitzke, Gust & Sempf, Amery.

A Non-party brief was filed by Michael Riley of Atterbury, Riley & Luebke, S.C., Madison, for Wisconsin Academy of Trial Lawyers.

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

MYSE, P.J.

Prudential Property & Casualty Insurance Company appeals a summary judgment declaring that: (1) Gary Hanson is an underinsured motorist pursuant to a "damages basis" definition of underinsured motorist set forth in a prior coverage period automobile liability policy; and (2) Hanson is entitled to stack his underinsured coverage. Prudential contends the trial court erred by determining that Prudential failed...

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