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PETERSON v. PENNSYLVANIA LIFE INS. CO.

No. 02-0912.

265 Wis.2d 768 (2003)

2003 WI App 166

669 N.W.2d 151

David J. PETERSON, Plaintiff-Appellant, v. PENNSYLVANIA LIFE INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 5, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of William F. Bauer and Amy F. Scholl of Coyne, Niess, Schultz, Becker & Bauer, S.C., of Madison.

On behalf of the defendant-respondent, the cause was submitted on the brief of Thomas J. Lonzo of Cook & Franke S.C., of Milwaukee.

Before Vergeront, P.J., Roggensack and Lundsten, JJ.

¶ 1. ROGGENSACK, J.

David Peterson appeals the circuit court's judgment that Pennsylvania Life Insurance Company did not breach the terms of its accident benefit policy when it stopped paying Peterson disability benefits. Pennsylvania Life did so because it found that Peterson was not totally disabled, as that term is defined in the policy. Because the policy definition of "totally disabled" unambiguously provides that Peterson is not totally disabled if he is...

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