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KOSIERADZKI v. MATHYS

No. 02-0026-FT.

256 Wis.2d 839 (2002)

2002 WI App 191

649 N.W.2d 717

Mark R. KOSIERADZKI, Guardian ad Litem for Kyle Krumm, minor, Warren W. Wood, Guardian ad Litem for Karl Krumm and Alicia Krumm, Joyce Krumm, individually, and Kevin Krumm, individually, Plaintiffs-Respondents, v. Lori MATHYS and Society Insurance, a mutual company, Defendants-Appellants, SAFECO INSURANCE COMPANY OF ILLINOIS, Defendant, BLUE CROSS BLUE SHIELD OF MINNESOTA, Blue Plus and State of Wisconsin Department of Health and Family Services, Subrogated-Parties.

Court of Appeals of Wisconsin.

Decided June 25, 2002.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of James W. Mohr, Jr. and Mohr & Anderson, S.C., of Hartford.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Mark R. Kosieradzki and Kosieradzki Law Firm of Minnetonka, MN.

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

¶ 1. HOOVER, P.J.

Lori Mathys and Society Insurance appeal a summary judgment holding that Society's "each accident" limit applies in a personal injury case arising from an accident in which Mathys' car struck and injured Kyle Krumm.1 Mathys and Society argue that the policy's "each person" limit applies because the claims of emotional distress made by Kyle's family members all arise out of Kyle's bodily injury. The Krumms maintain...

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