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REBERNICK v. WAUSAU GENERAL INS. CO.

No. 2004AP487.

289 Wis.2d 324 (2006)

2006 WI 27

711 N.W.2d 621

Dale REBERNICK, Sandra Rebernick and Gregory Rebernick by his Guardian ad Litem, Plaintiffs-Appellants-Petitioners, v. WAUSAU GENERAL INSURANCE COMPANY, Defendant, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided March 30, 2006.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners there were briefs by Thomas A. Ogorchock and Miller & Ogorchock, S.C., Milwaukee, and oral argument by Thomas A. Ogorchock.

For the defendant-respondent there was a brief by Emile H. Banks, Jr., Vicki L. Arrowood, and Emile Banks & Associates, LLC, Milwaukee, and oral argument by Emile H. Banks, Jr.

An amicus curiae brief was filed by Beth Ermatinger Hanan and Gass Weber Mullins LLC, Milwaukee, on behalf of Wisconsin Insurance Alliance, Civil Trial Counsel of Wisconsin, and Property Casualty Insurers Association of America.

An amicus curiae brief was filed by Lynn R. Laufenberg and Laufenberg & Hoefle, S.C., Milwaukee, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1. ANN WALSH BRADLEY, J.

Dale and Sandra Rebernick, along with their minor son, Gregory, petition for review of a published court of appeals decision affirming a circuit court order dismissing their claim against their insurer, American Family Mutual Insurance Company.1 The Rebernicks assert that they are entitled to retroactively purchase underinsured motorist (UIM) coverage under their...

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