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PROGRESSIVE CAS. INS. CO. v. BAUER

No. 2006AP1568.

731 N.W.2d 378 (2007)

2007 WI App 122

PROGRESSIVE CASUALTY INSURANCE COMPANY, Plaintiff-Appellant, v. Tessa M. BAUER and Allen Bauer, Defendants-Respondents, Justin R. Sinz, Derrick A. Wittig and Humana Wisconsin Health Organization Insurance Corporation, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed March 20, 2007.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Terrance E. Davczyk of Davczyk & Varline, LLC, Wausau.

On behalf of the defendants-respondents, the cause was submitted on the brief of Jon D. Seifert of Goethel, Seifert & Schultz, SC, Durand.

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

¶ 1 PETERSON, J.

This case arises out of a motorcycle accident allegedly caused by negligence on the part of both the motorcycle's owner and its driver. Both are insureds under a Progressive Insurance policy covering the motorcycle. The circuit court concluded both are entitled to the full "each person" limit of $25,000 in liability protection, for a total of $50,000. Progressive argues the "anti-stacking" provision in WIS. STAT. § 632.32(5)(f)

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