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REBERNICK v. WAUSAU GENERAL INS. CO.

No. 04-0487.

278 Wis.2d 461 (2004)

2005 WI App 15

692 N.W.2d 348

Dale REBERNICK, Sandra Rebernick, and Gregory Rebernick, by his Guardian ad Litem, Plaintiffs-Appellants v. WAUSAU GENERAL INSURANCE COMPANY, Defendant, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 14, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Thomas A. Ogorchock of Miller & Ogorchock, S.C., of Milwaukee. There was oral argument by Thomas A. Ogorchock.

On behalf of the defendant-respondent, the cause was submitted on the brief of Emile H. Banks, Jr., of Emile Banks & Associates, LLC, of Milwaukee. There was oral argument by Emile H. Banks, Jr.

Before Fine, Curley and Kessler, JJ.

¶ 1. FINE, J.

Dale Rebernick, Sandra Rebernick, and Gregory Rebernick appeal the trial court's order granting American Family Mutual Insurance Company's motion for summary judgment and dismissing the Rebernicks' action. The Rebernicks sought underinsurance-motorist coverage under their American Family umbrella policy even though the policy expressly declared that it did not cover underinsured-motorist claims. We affirm...

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