VAN ERDEN v. SOBCZAK

No. 02-1595.

260 Wis.2d 881 (2003)

2003 WI App 57

659 N.W.2d 896

Steven VAN ERDEN and Cherie Van Erden, Plaintiffs-Appellants, v. Joseph A. SOBCZAK, Defendant, AMERICAN FAMILY MUTUAL INSURANCE COMPANY and City of Milwaukee, Defendants-Respondents, BADGER MUTUAL INSURANCE, Intervenor.

Court of Appeals of Wisconsin.

Decided February 25, 2003.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Jonathan Cermele and Laurie Eggert of Eggert & Cermele, S.C., of Milwaukee.

On behalf of the defendant-respondent American Family Mutual Insurance Company, the cause was submitted on the brief of Beth A. Boyer-Ryan of American Family Insurance Group of Milwaukee.

On behalf of the defendant-respondent City of Milwaukee, the cause was submitted on the brief of Nick G. Kotsonis of Crivello, Carlson & Mentkowski, S.C., of Milwaukee.

A nonparty amicus curiae brief was filed by John F. Fuchs of Fuchs, DeStefanis & Boyle, S.C., of Milwaukee, on behalf of the Milwaukee Police Association and Milwaukee Police Supervisors Organization.

Before Fine, Schudson and Curley, JJ.


¶ 1. CURLEY, J.

Steven and Cherie Van Erden appeal from the trial court's order granting summary judgment and dismissing their declaratory judgment action against the City of Milwaukee, in which the Van Erdens sought a declaration that the City had a duty to offer underinsured motorist (UIM) coverage to Steven Van Erden, as a City employee, in accordance with WIS. STAT. § 632.32(4m)(a)1 (1999-2000).

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