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KAPPUS v. UNITED FIRE & CASUALTY CO.

No. 99-0187.

229 Wis.2d 699 (1999)

600 N.W.2d 274

David J. KAPPUS and Virginia Kappus, Plaintiffs-Respondents, v. UNITED FIRE AND CASUALTY COMPANY, Defendant-Appellant, AMERICAN FAMILY MUTUAL INSURANCE COMPANY and Eau Claire Anesthesiologists, Ltd., Employee Benefit Plan, Ltd., Defendants.

Court of Appeals of Wisconsin.

Decided July 30, 1999.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Kara M. Burgos of Moen, Sheehan, Meyer, Ltd. of La Crosse.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Michael J. Happe of Kelly & Ryberg, S.C. of Eau Claire.

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

CANE, C.J.

United Fire and Casualty Company (United) appeals from a judgment entitling David Kappus to recover underinsured motorist benefits from United in the amount of $62,524.93.1 Pursuant to a jury verdict in favor of the Kappuses, American Family Mutual Insurance Company (American Family), the tortfeasor's insurance carrier, paid its $50,000 liability limits. The Kappuses, thereafter,...

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