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NOONAN v. NORTHWESTERN MUT. LIFE INS. CO.

No. 03-1432.

276 Wis.2d 33 (2004)

2004 WI App 154

687 N.W.2d 254

Catherine D. NOONAN and Daniel A. Noonan, Plaintiffs-Appellants, v. NORTHWESTERN MUTUAL LIFE INSURANCE COMPANY, Doe A, Doe B, Doe C, Insurer X, Insurer Y, and Insurer Z, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided June 22, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of George P. Kersten, E. Campion Kersten and Kenan J. Kersten of Kersten & McKinnon, S.C., Milwaukee; Mark B. Pollack and Maria S. Lazar of Galanis, Pollack & Jacobs, S.C., Milwaukee; and K. Scott Wagner of Hale & Wagner, S.C., Milwaukee. There was oral argument by George P. Kersten.

On behalf of the defendants-respondents, the cause was submitted on the brief of Eric J. Van Vugt, Daniel E. Conley and Cristina D. Hernandez-Malaby of Quarles & Brady LLP, Milwaukee. There was oral argument by Eric J. Van Vugt.

Before Cane, C.J, Peterson and Higginbotham, JJ.

¶ 1. PETERSON, J.

Catherine and Daniel Noonan own annuity policies with Northwestern Mutual Life Insurance Company. They sued Northwestern, claiming breach of contract and breach of fiduciary duty. Their complaint alleges that beginning in 1985, Northwestern unilaterally changed the way it distributes its surplus profit to annuity policyholders. According to the Noonans, instead of equitably sharing its annual surplus...

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