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BRUFLAT v. PRUDENTIAL PROP. & CAS. INS. CO.

No. 99-2049-FT.

233 Wis.2d 523 (2000)

2000 WI App 69

608 N.W.2d 371

Martin A. BRUFLAT, Plaintiff-Appellant, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant. Mary A. BRUFLAT, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided February 2, 2000.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Francis J. Slattery of Hughes, Mathewson, Carns & Slattery of Oshkosh.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael P. Helgesen of Paige J. Donnelly, Ltd. of St. Paul, Minnesota.

Before Brown, P.J., Nettesheim and Snyder, JJ.

¶ 1. SNYDER, J.

Martin A. Bruflat appeals from a summary judgment dividing the proceeds of an automobile insurance policy with his former wife, Mary A. Bruflat, following the death of their son Simon. Martin contends that because he is the named insured on the policy and Simon resided with him, he should be awarded 100% of the proceeds. Mary, on the other hand, argues that Wisconsin's wrongful death statute, WIS. STAT. § 895.04 (1997-98),

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