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PROGRESSIVE NORTHERN INS. CO. v. HALL

No. 04-0688.

278 Wis.2d 499 (2004)

2005 WI App 17

692 N.W.2d 355

PROGRESSIVE NORTHERN INSURANCE COMPANY, Plaintiff-Appellant, v. Edward HALL, Defendant, GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided December 21, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Rick E. Hills, Cori Lynn Prahl and Michelle M. Stoeck of Hills Legal Group, Ltd., of Waukesha. There was oral argument by Rick E. Hills.

On behalf of the defendant-respondent, the cause was submitted on the brief of Jacqueline E. Frakes of Eiche & Frakes, S.C., of Milwaukee. There was oral argument by Stuart B. Eiche.

Before Fine, Curley and Kessler, JJ.

¶ 1. KESSLER, J.

Progressive Northern Insurance Company appeals from a judgment dismissing its declaratory judgment action. The issue before the trial court, and here, is whether the Wisconsin Statutes permit Progressive to provide uninsured motorist coverage that is primary coverage to its named insured but is excess coverage to an occupancy insured. The answer will determine whether Progressive or General Casualty...

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