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JANSSEN v. STATE FARM MUT. AUTO. INS. CO.,

No. 02-2928.

266 Wis.2d 430 (2003)

2003 WI App 183

668 N.W.2d 820

Tricia JANSSEN, Plaintiff-Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 1, 2003.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Keith W. Kostecke of Menn, Teetaert & Beisenstein, Ltd., Appleton.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of I. Gregg Curry IV of McCarty Curry Wydeven Peeters & Haak, LLP, Kaukauna.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. PETERSON, J.

State Farm Mutual Automobile Insurance Company appeals an order denying its summary judgment motion.1 State Farm argues the court improperly determined that the excess clause contained in its uninsured motorists coverage rendered the coverage illusory. We conclude the excess clause is both ambiguous and illusory and therefore affirm the order.

BACKGROUND

¶ 2. Tricia Janssen was injured in a...

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