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DOWHOWER v. WEST BEND MUT. INS. CO.

No. 98-2762.

236 Wis.2d 113 (2000)

2000 WI 73

613 N.W.2d 557

Dustin DOWHOWER, a minor, by his Guardian and Litem, Susan Rosenberg, Tamara Dowhower and Larry Dowhower, Plaintiffs-Respondents, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant, Simon MARQUEZ, Viking Insurance Company of Wisconsin and Aetna Life Insurance Company—Aetna Health Plan, Defendants.

Supreme Court of Wisconsin.

Decided June 30, 2000.

Attorney(s) appearing for the Case

On behalf of defendant-appellant there were briefs (in the court of appeals and in the supreme court) by Rollin E. Krafft, West Bend, and oral argument by Rollin E. Krafft.

For plaintiffs-respondents there were briefs by Robert L. Jaskulski and Domnitz, Mawicke & Goisman, S.C., Milwaukee, and oral argument by Robert L. Jaskulski.

An amicus curiae brief was filed by Noreen J. Parrett, James A. Friedman and La Follette Godfrey & Kahn, Madison, on behalf of the Wisconsin Insurance Alliance.

An amicus curiae brief was filed by Mark L. Thomsen and Cannon & Dunphy, S.C., Brookfield, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. WILLIAM A. BABLITCH, J.

West Bend Mutual Insurance Company (West Bend) appeals the circuit court's judgment declaring that Wis. Stat. § 632.32(5)(i)1 (1995-96)1 violates the substantive due process clause in Wis. Const. art. I, § 1,2 and U.S. Const. amend. XIV, § 1.3 Section 632.32(5)(i) authorizes the use of a type of reducing clause as a permissible provision...

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