STATE FARM MUT. AUTO INS. CO. v. GILLETTE

No. 00-0637.

246 Wis.2d 561 (2001)

2001 WI App 123

630 N.W.2d 527

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Plaintiff-Respondent, v. Franklin GILLETTE and V. Thomas Ostlund, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided May 24, 2001.


Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was orally argued by and submitted on the briefs of Gregory J. Egan of Parke O'Flaherty, Ltd., La Crosse.

On behalf of the plaintiff-respondent, the cause was orally argued by and submitted on the brief of Claude J. Covelli of Boardman, Suhr, Curry & Field, LLP, Madison.

Before Roggensack, Deininger and Hue, JJ.


¶ 1. HUE, J.

The issue on appeal is whether, as a matter of law, the appellants, Gillette and Ostlund, are entitled to uninsured or underinsured motorist benefits pursuant to policies of motor vehicle insurance issued by State Farm Mutual Automobile Insurance Company (State Farm). The trial court, in granting summary judgment, held that the tortfeasor's vehicle was not uninsured under the language of the policy, and that Gillette and Ostlund had not used up the...

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