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DE RUYTER v. AMERICAN FAMILY MUT. INS. CO.

No. 03-2580.

275 Wis.2d 696 (2004)

2004 WI App 162

686 N.W.2d 736

Norman S. DE RUYTER, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 7, 2004.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Thomas C. Koessl of Williams, Montgomery & John, Ltd. of Chicago, Illinois, and Patrick J. McGuire, P.C. of Law Offices of Patrick J. McGuire, of Chicago, Illinois.

On behalf of the defendant-respondent, the cause was submitted on the brief of Earl H. Munson and Catherine M. Rottier, of Boardman, Suhr, Curry & Field, LLP, of Madison.

Before Brown, Nettesheim and Snyder, JJ.

¶ 1. NETTESHEIM, J.

Norman S. DeRuyter appeals from an order dismissing his complaint against his insurer, American Family Mutual Insurance Company, for failure to state a claim. DeRuyter's complaint alleged breach of contract, bad faith and unjust enrichment based on American Family's proposed use of aftermarket or salvaged parts, as opposed to new, original equipment manufacturer...

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