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COMMERCIAL UNION MIDWEST v. VORBECK

No. 03-100.

269 Wis.2d 204 (2003)

2004 WI App 11

674 N.W.2d 665

COMMERCIAL UNION MIDWEST INSURANCE COMPANY, Plaintiff-Respondent, v. Lynn K. VORBECK and Lynn K. Vorbeck, personal representative of the Estate of Alan G. Vorbeck, Defendant-Appellant, EMPHESYS WISCONSIN INSURANCE COMPANY, 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 Robert L. Jaskulski and Brian P. Mularski of Domnitz, Mawicke & Goisman, S.C. of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of Michael T. Steber of Zimmerman & Steber Legal Group of Brookfield.

An amicus curiae brief of The Wisconsin Insurance Alliance was filed by Eric Englund, State Bar of Wisconsin president.

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

¶ 1. NETTESHEIM, J.

In Badger Mutual Insurance Co. v. Schmitz, 2002 WI 98, ¶ 75, 255 Wis.2d 61, 647 N.W.2d 223, the supreme court considered whether an underinsurance reducing clause in a motor vehicle insurance policy was ambiguous, thereby rendering the underinsured motorist (UIM) coverage illusory. As part of the analysis, the...

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