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DOWHOWER v. MARQUEZ

No. 01-1347.

268 Wis.2d 823 (2003)

2004 WI App 3

674 N.W.2d 906

Dustin DOWHOWER, a minor, by his Guardian ad Litem Susan Rosenberg, Tamara Dowhower and Larry Dowhower, Plaintiffs-Respondents, v. Simon MARQUEZ and Viking Insurance Company of Wisconsin, Defendants, WEST BEND MUTUAL INSURANCE Co., Defendant-Appellant, AETNA LIFE INSURANCE Co., Defendant.

Court of Appeals of Wisconsin.

Decided December 10, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey Leavell and Christine M. Genthner of Jeffrey Leavell, S.C., of Racine.

On behalf of the plaintiffs-respondents, the cause was submitted on the briefs of Robert L. Jaskulski and Brian P. Mularski of Domnitz, Mawicke & Goisman, S.C., of Milwaukee.

A nonparty brief was filed by Eric Englund, president for the Wisconsin Insurance Alliance.

A nonparty brief was filed by William C. Gleisner, III, of Milwaukee and Charles David Schmidt of Cannon & Dunphy, S.C., of Brookfield for The Wisconsin Academy of Trial Lawyers.

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

¶ 1. BROWN, J.

In Dowhower ex rel. Rosenberg v. Marquez, 2003 WI App 23, 260 Wis.2d 192, 659 N.W.2d 57 (Dowhower II), we applied the principles of insurance contract interpretation espoused in Badger Mutual Insurance Co. v. Schmitz, 2002 WI 98, 255 Wis.2d 61, 647 N.W...

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