DEMPICH v. PEKIN INSURANCE COMPANY

No. 2004AP1861.

289 Wis.2d 477 (2006)

2006 WI App 24

710 N.W.2d 691

Rodney DEMPICH and Julie Dempich, Plaintiffs-Respondents-Cross-Appellants, v. PEKIN INSURANCE COMPANY, Defendant-Respondent-Cross-Respondent, STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent.

Court of Appeals of Wisconsin.

Decided January 26, 2006.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant-cross-respondent, the cause was submitted on the briefs of Thomas E. Goss, Jr. of Mueller, Goss & Possi, S.C., Milwaukee.

On behalf of the plaintiffs-respondents-cross-appellants, the cause was submitted on the brief of Russell W.Devitt and Teague D.Devitt of Soffa & Devitt, LLC, Whitewater.

On behalf of the defendant-respondent-cross-respondent the cause was submitted on the brief of Susan R. Tyndall of CMT Legal Group, Ltd., Waukesha.

Before Dykman, Deininger and Higginbotham, JJ.


¶ 1. DYKMAN, J.

State Farm Mutual Automobile Insurance Company appeals from a summary judgment declaring it responsible for up to $90,475 in underinsured motorist (UIM) coverage. The trial court determined that the reducing, anti-stacking and excess clauses of State Farm's secondary UIM coverage, taken together, were ambiguous within the context of the policy as a whole...

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