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BALZ v. HERITAGE MUT. INS. CO.

No. 2004AP1626.

720 N.W.2d 704 (2006)

2006 WI App 131

Scott A. BALZ and Connie L. Balz, Plaintiffs-Respondents-Cross-Appellants, v. HERITAGE MUTUAL INSURANCE COMPANY (n/k/a Acuity, a Mutual Insurance Company), Defendant-Appellant-Cross-Respondent, Wausau Area Hmong Mutual Association, Defendant-Respondent-Cross-Respondent, Continental Insurance Company and Estate of Tou Xiong Lor, Defendants, MSI Insurance Company, Defendant-Respondent, Greenheck WI Partnership Administered by Wausau Benefits, Inc., Defendant-Subrogee, Darlene Balz and Jordan Balz, Third-Party Defendants.

Court of Appeals of Wisconsin.

June 6, 2006.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the brief of Terrance E. Davczyk of Davczyk & Varline, LLC of Wausau, and John R. Shull, Jr. of Terwilliger Law Firm of Wausau, and reply brief of Terrance E. Davczyk of Davczyk & Varline, LLC.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the briefs of Matthew E. Yde of Strasser & Yde, S.C. of Wausau.

On behalf of the defendant-respondent, the cause was submitted on the brief of James A. Higgins of Goyke, Tillisch & Higgins, LLP of Wausau.

On behalf of the defendant-respondent-cross-respondent, the cause was submitted on the brief of John R. Schull, Jr. of Terwilliger Law Firm of Wausau.

Before CANE, C.J., HOOVER, P.J., and PETERSON, J.

¶ 1 CANE, C.J.

Heritage Mutual Insurance Company appeals a circuit court judgment, arguing the court erred when it: (1) failed to use the language of an insurance policy in a special verdict, preventing the jury from properly deciding insurance coverage; (2) excluded evidence of practice, routine or habit; and (3) denied a request for a new trial due to the cumulative effect of the alleged errors. Heritage also argues the jury's award for future loss of earning...

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