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KONTOWICZ v. AMERICAN STANDARD INS.

Nos. 2003AP2177, 2003AP2534.

714 N.W.2d 105 (2006)

2006 WI 48

Debra L. KONTOWICZ, Keith A. Kontowicz, Scott Kontowicz, and Katie Kontowicz, by their Guardian ad Litem, William Cannon, Plaintiffs-Respondents-Petitioners, American Family Mutual Insurance Co., Involuntary-Plaintiff, v. AMERICAN STANDARD INSURANCE CO. OF WISCONSIN, Defendant-Appellant, ABC Insurance Co., Defendant. Larry Buyatt, Plaintiff-Respondent-Petitioner, American Family Mutual Insurance Company, Involuntary-Plaintiff, v. Metropolitan Property and Casualty Insurance Company and Jason E. Schoessow, Defendants-Appellants.

Supreme Court of Wisconsin.

Decided May 18, 2006.

Attorney(s) appearing for the Case

For the plaintiffs-respondents-petitioners there were briefs by William M. Cannon, Edward E. Robinson, and Cannon & Dunphy, S.C., Brookfield, and oral argument by Edward E. Robinson.

For the defendants-appellants Metropolitan Property and Casualty Insurance Company and Jason E. Schoessow, there was a brief by Donald H. Piper, Patrick A. O'Neil, and Piper & Schmidt, Milwaukee, and oral argument by Donald H. Piper.

For the defendant-appellant American Standard Insurance Co. of Wisconsin, there was a brief by James C. Ratzel and Ratzel & Associates, LLC, Brookfield; and Colleen D. Ball and Appellate Counsel, S.C., Wauwatosa, and oral argument by James C. Ratzel.

An amicus curiae brief was filed by Todd G. Smith and LaFollette, Godfrey & Kahn, Madison, on behalf of Civil Trial Counsel of Wisconsin and the Wisconsin Insurance Alliance.

An amicus curiae brief was filed by Keith R. Clifford, Teague D. Devitt, and Clifford & Raihala, S.C., Madison, on behalf of the Wisconsin Academy of Trial Lawyers.

¶ 1 N. PATRICK CROOKS, J.

Debra Kontowicz (Kontowicz) and Larry Buyatt (Buyatt) appeal a published decision of the court of appeals reversing the decisions of two different branches of the Waukesha County Circuit Court. The cases were consolidated on appeal. In each case, the circuit court awarded the plaintiffs/petitioners interest under Wis. Stat. § 628.46 (2001-02).1 The issue before this court is whether § 628.46, which...

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