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.


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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