VAN ERDEN v. SOBCZAK

No. 02-1595.

271 Wis.2d 163 (2004)

2004 WI App 40

677 N.W.2d 718

Steven VAN ERDEN and Cherie Van Erden, Plaintiffs-Appellants, v. Joseph A. SOBCZAK, Defendant, AMERICAN FAMILY MUTUAL INSURANCE COMPANY and City of Milwaukee, Defendants-Respondents, BADGER MUTUAL INSURANCE, Intervenor.

Court of Appeals of Wisconsin.

Decided February 17, 2004.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the supplemental brief of Jonathan Cermele and Rachel L. Schneider of Eggert & Cermele, S.C., of Milwaukee.

On behalf of the defendant-respondent American Family Mutual Insurance Company, the cause was submitted on the supplemental brief of James T. Murray of Peterson, Johnson & Murray, S.C., of Milwaukee.

A nonparty supplemental amicus curiae brief was filed by Robert L. Jaskulski of Domnitz, Mawicke & Goisman, S.C., of Milwaukee, and Charles David Schmidt of Cannon & Dunphy, S.C., of Brookfield, on behalf of the Wisconsin Academy of Trial Lawyers.

Before Fine, Schudson and Curley, JJ.


¶ 1. CURLEY, J.

Steven and Cherie Van Erden appeal from the trial court's order granting summary judgment and dismissing their declaratory judgment action against the City of Milwaukee, in which the Van Erdens sought a declaration that the City had a duty to offer underinsured motorist (UIM) coverage to Steven Van Erden, as a City employee, in accordance with WIS. STAT. § 632.32(4m)(a)1 (1999-2000).

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