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DANBECK v. AMERICAN FAMILY MUT. INS. CO.

No. 99-1142.

232 Wis.2d 417 (1999)

2000 WI App 26

605 N.W.2d 925

Dan DANBECK, Plaintiff-Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided December 23, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Ward Richter and John M. Christenson of Bell, Gierhart & Moore, S.C. of Madison.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael J. Luebke of Gingras, Cates & Luebke, S.C. of Madison.

Before Eich, Vergeront and Roggensack, JJ.

¶ 1. VERGERONT, J.

This appeal concerns the interpretation of a provision in an underinsured motorist (UIM) policy that coverage would be provided "only after the limits of liability under bodily injury liability bonds or policies have been exhausted by payment of judgment or settlements." American Family Mutual Insurance Company sought summary judgment in the trial court on the ground that Dan Danbeck, its insured, had not satisfied this clause and therefore...

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