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ESTATE OF SUSTACHE v. AMERICAN FAMILY MUT. INS. CO.

No. 2006AP939.

751 N.W.2d 845 (2008)

2008 WI 87

ESTATE OF James B. SUSTACHE, by its Special Administrator, James Sustache, and Antoinette Sustache, Plaintiffs, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent, Carrie A. Roman, Defendant, Larry Mathews and Jeffrey W. Mathews, Defendants-Appellants-Petitioners.

Supreme Court of Wisconsin.

Decided July 10, 2008.

Attorney(s) appearing for the Case

For the defendants-appellants-petitioners there were briefs by John V. O'Connor and O'Connor, Dumez, Alia & McTernan, S.C., Kenosha, and oral argument by John V. O'Connor.

For the defendant-respondent there was a brief by Terry J. Booth and Piper & Schmidt, Milwaukee, and oral argument by Terry J. Booth.

An amicus curiae brief was filed by James A. Friedman, Katherine Stadler, and Godfrey & Kahn, S.C., Madison, on behalf of the Wisconsin Insurance Alliance.

¶ 1 DAVID T. PROSSER, J.

This is a review of a published decision of the court of appeals,1 which affirmed an order of the Kenosha County Circuit Court, Wilbur W. Warren III, Judge.

¶ 2 In this insurance coverage dispute, the circuit court entered summary judgment dismissing defendant American Family Mutual Insurance Company (American Family), which insured, under separate policies: (1) defendants Larry Mathews (Mathews...

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