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MUELLER v. McMILLIAN WARNER INS. CO.

No. 2005AP121.

287 Wis.2d 154 (2005)

2005 WI App 210

704 N.W.2d 613

Lina M. MUELLER, Plaintiff-Appellant, v. McMILLIAN WARNER INSURANCE COMPANY and Merlin A. Switlick and Stephani Switlick, Defendants-Respondents, Apollo SWITLICK and Security Health Plan of Wisconsin, Inc., Defendants, METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY, Intervenor-Defendant.

Court of Appeals of Wisconsin.

Decided August 2, 2005.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Carl L. Ricciardi of Carl L. Ricciardi Law Offices of Tomahawk.

On behalf of the defendants-respondents, Merlin A. Switlick and Stephani Switlick, the cause was submitted on the brief of Paul E. David of Wendorff, Ellison & David, LLP of Wausau

On behalf of the defendant-respondent, McMillan Warner Insurance Company, the cause was submitted on the brief of John A. Kramer and Michael J. Roman of Zalewski, Klinner & Kramer, LLP of Wausau.

Before Cane, C.J., Hoover, P.J., and Peterson, J.

¶ 1. CANE, C.J.

Lina Mueller appeals a decision granting summary judgment to Merlin and Stephani Switlick in this personal injury case. Mueller also appeals a separate declaratory judgment that the Switlicks' homeowner's policy with McMillan Warner Insurance Company did not provide coverage for the all-terrain vehicle (ATV) Mueller was riding when her accident occurred.

¶ 2. Mueller argues the trial court...

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