LaCOUNT v. GENERAL CASUALTY CO. OF WISCONSIN

No. 2003AP3258.

288 Wis.2d 358 (2006)

2006 WI 14

709 N.W.2d 418

Daniel J.R. LACOUNT, by his General Guardian, Daniel LaCount, Plaintiff-Respondent, v. GENERAL CASUALTY COMPANY OF WISCONSIN, Defendant-Appellant, Joseph W. LANGER and Courtney J. Langer, Defendants-Third-Party Plaintiffs, v. Erin E. PENZA, by her Natural Guardians, Don and Janet Penza, Molly J. Smith, by her Natural Guardians, Marvin and Julie Smith, ABC Insurance Company, DEF Insurance Company, GHI Insurance Company and XYZ Insurance Company, Third-Party Defendants, ESTATE OF James M. WINGFIELD, by its Personal Representative, Brenda K. Wingfield, Brenda K. Wingfield, Brett M. Wingfield, by his Natural Guardian, Brenda K. Wingfield, Abby L. Wingfield, by her Natural Guardian, Brenda K. Wingfield, Vanessa R. Van Laanen, by her Natural Guardians, Jody G. and Virginia Van Laanen, Third-Party Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided February 8, 2006.


Attorney(s) appearing for the Case

For the third-party defendants-respondents-petitioners, there were briefs by R. George Burnett, Gregory B. Conway and Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay, and oral argument by R. George Burnett.

For the defendant-appellant there was a brief by James W. Mohr, Jr. and Mohr & Anderson, LLC, Hartford, and oral argument by James W. Mohr, Jr.

An amicus curiae brief was filed by Susan R. Tyndall and CMT Legal Group, Ltd., Waukesha, on behalf of the Civil Trial Counsel of Wisconsin.


¶ 1. SHIRLEY S. ABRAHAMSON, C.J.

This is a review of an unpublished decision of the court of appeals1 reversing the judgment of the circuit court for Brown County, Mark A. Warpinski, Judge. We affirm the decision of the court of appeals.

¶ 2. The issue presented is whether paragraph (a) of Wis. Stat. § 632.32(3) (2003-04),2 known as the omnibus...

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