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HANSON v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY.

No. 02-0019.

258 Wis.2d 709 (2002)

2002 WI App 275

653 N.W.2d 915

Gary HANSON, Kathy Hanson and Federal Foam Technologies, Inc., Plaintiffs-Respondents-Cross-Appellants, v. PRUDENTIAL PROPERTY & CASUALTY INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided October 29, 2002.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Shawn M. Raiter of Larson King LLP of St. Paul, MN.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Timothy T. Sempf and Jason W. Whitley of Novitzke, Gust, Sempf & Whitley of Amery.

On behalf of the Wisconsin Academy of Trial Lawyers, the cause was submitted on the amicus curiae brief of Robert L. Jaskulski of Domnitz, Mawicke & Goisman, S.C. of Milwaukee.

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

¶ 1. CANE, C.J.

Prudential Property and Casualty Insurance Company appeals a judgment declaring its reducing clause unenforceable. Prudential sought to enforce a reducing clause contained in Gary Hanson's underinsured motorist (UIM) policy and limit its liability to $25,000 based on payments Hanson received from the underinsured motorist's insurer. The circuit court denied Prudential's motion, determining the policy was ambiguous and the reducing clause unenforceable...

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