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NAULT v. WEST BEND MUT. INS. CO.

No. 2007AP1670.

754 N.W.2d 520 (2008)

2008 WI App 91

Henry J. NAULT, Jr., individually and Lisa G. Nault, individually, and as Special Administrator of the Estate of Jaron J. Nault, deceased, Plaintiffs-Appellants, John Alden Life Insurance Company, Assurant Health, Parent Company, Nominal-Plaintiff, v. WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Respondent, William H. Simonson, Dairyland Insurance Company and Foremost Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed May 20, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Scott Winston and Thomas Kent Guelzow of Guelzow Law Offices, Ltd., Eau Claire.

On behalf of the defendant-respondent, the cause was submitted on the brief of Joe Thrasher of Thrasher, Pelish & Franti, Ltd., Rice Lake.

Before HOOVER, P.J., PETERSON and BRUNNER, JJ.

¶ 1 PETERSON, J.

Henry and Lisa Nault1 appeal a summary judgment holding their West Bend Mutual Insurance Company umbrella policy does not provide excess underinsured motorist (UIM) coverage. They argue the policy is contextually ambiguous. They also contend the court should have held there was coverage because West Bend failed to give proper notice of the availability of excess UIM coverage...

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