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DOWHOWER v. MARQUEZ

No. 01-1347.

260 Wis.2d 192 (2003)

2003 WI App 23

659 N.W.2d 57

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 January 15, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Jeffrey Leavell 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.

Before Brown, Anderson and Snyder, JJ.

¶ 1. BROWN, J.

West Bend Mutual Insurance Co. appeals from a judgment declaring the reducing clause contained in the policy it issued to the Dowhowers unenforceable and requiring it to pay the Dowhowers the full $50,000 limit of liability guaranteed in the policy. After a thorough review of the policy at issue, we determine that the policy as a whole is inconsistent and contradictory. We conclude that the policy failed to clearly inform the Dowhowers that they...

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