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KENDZIORA v. CHURCH MUT. INS. CO.

No. 02-1689.

263 Wis.2d 274 (2003)

2003 WI App 83

661 N.W.2d 456

Amanda KENDZIORA, Chris Kendziora, Shawn Kendziora and Ashley Kendziora, Plaintiffs-Appellants, WPS and Community Health Plan of Wisconsin, Plaintiffs, v. CHURCH MUTUAL INSURANCE COMPANY, Sentry Insurance, a mutual company, and Cities & Villages Mutual Insurance Company, Defendants, EMCASCO INSURANCE COMPANY, Defendant-Respondent, ST. PAUL'S LUTHERAN CHURCH, a/k/a St. Paul's Evangelical Lutheran Church of West Allis, Wisconsin, City of West Allis, Judy Whitehaus and Kim Kendziora, Defendants.

Court of Appeals of Wisconsin.

Decided March 18, 2003.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Colleen Bero-Lehmann of Kmiec Law Offices, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Mark J. Mingo and Eugene M. LaFlamme of Mingo & Yankala, S.C., Milwaukee.

Before Wedemeyer, P.J., Schudson and Curley, JJ.

¶ 1. WEDEMEYER, P.J.

Amanda, Chris, Shawn and Ashley Kendziora appeal from an order for summary judgment granting declaratory judgment in favor of EMCASCO Insurance Company (EMCASCO). The Kendzioras claim that the trial court erred when it ruled that the underinsured motorists vehicle provisions of their automobile liability policies were not ambiguous, thereby denying them underinsured motorists coverage. Because the underinsured motorists coverage provisions...

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