KONTOWICZ v. AMERICAN STANDARD INS. CO.

Nos. 03-2177, 03-2534.

278 Wis.2d 664 (2005)

2005 WI App 22

693 N.W.2d 112

Debra L. KONTOWICZ, Keith A. Kontowicz, and Scott Kontowicz and Katie Kontowicz, by their Guardian ad Litem, William Cannon, Plaintiffs-Respondents, AMERICAN FAMILY MUTUAL INSURANCE CO., Involuntary-Plaintiff, v. AMERICAN STANDARD INSURANCE CO. OF WISCONSIN, Defendant-Appellant, ABC INSURANCE CO., Defendant. Larry BUYATT, Plaintiff-Respondent, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Involuntary-Plaintiff, v. METROPOLITAN PROPERTY AND CASUALTY INSURANCE COMPANY and Jason E. Schoessow, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided January 19, 2005.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant American Standard Insurance Co. of Wisconsin, the cause was submitted on the briefs of James C. Ratzel of Ratzel & Associates, LLC, Brookfield, and Colleen D. Ball of Appellate Counsel, S.C., Wauwatosa. There was oral argument by James C. Ratzel.

On behalf of the defendants-appellants Metropolitan Property and Casualty Insurance Company and Jason E. Schoessow, the cause was submitted on the briefs of Donald H. Piper and Patrick A. O'Neil of Piper & Schmidt, Milwaukee. There was oral argument by Donald H. Piper.

On behalf of the plaintiffs-respondents Debra L. Kontowicz, Keith A. Kontowicz, and Scott Kontowicz and Katie Kontowicz, by their guardian ad litem, William Cannon, the cause was submitted on the brief of William M. Cannon and Edward E. Robinson of Cannon & Dunphy, S.C., Brookfield. There was oral argument by Edward E. Robinson.

On behalf of the plaintiff-respondent Larry Buyatt, the cause was submitted on the brief of James J. Gende II and Charles David Schmidt of Cannon & Dunphy, S.C., Brookfield. There was oral argument by Edward E. Robinson.

A nonparty brief was filed by Todd G. Smith of LaFollette, Godfrey & Kahn, Madison, for Civil Trial Counsel of Wisconsin and the Wisconsin Insurance Alliance.

A nonparty brief was filed by Keith R. Clifford and Teague D. Devitt of Clifford & Raihala, S.C., Madison, for the Wisconsin Academy of Trial Lawyers.

Before Brown, Nettesheim and Snyder, JJ.


¶ 1. SNYDER, J.

This appeal arises from judgments awarding interest pursuant to WIS. STAT. § 628.46 (2001-02),1 which incorporates by reference WIS. STAT. § 646.31(2). The lead issues concerning the construction of § 628.46 in conjunction with § 646.31(2)(d) are common to both cases and the respondents in both cases are represented by the same law firm. By order dated...

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