STONE v. ACUITY

No. 2005AP001629.

747 N.W.2d 149 (2008)

2008 WI 30

G. Vaughn STONE and Christine Stone, Plaintiffs-Respondents, Humana Wisconsin Health Organization Insurance Corporation, Involuntary-Plaintiff-Respondent, v. ACUITY, a mutual insurance company, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided April 11, 2008.


Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Arthur P. Simpson, Michelle D. Johnson, and Simpson & Deardorff, S.C., Milwaukee, and oral argument by Arthur P. Simpson.

For the plaintiffs-respondents there were briefs by William A. Jennaro, Thomas J. Lonzo, and Cook & Franke S.C., Milwaukee, and oral argument by Thomas J. Lonzo.

Amicus curiae briefs were filed by Michael R. Vescio, Mark K. Longua, and SmithAmundsen LLC, Milwaukee, on behalf of Wisconsin Insurance Alliance and Continental Insurance Company.

Amicus curiae briefs were filed by Lora A. Kaebler and End, Hierseman & Crain LLC, Milwaukee; Charles D. Smith and Cannon & Dunphy, S.C., Brookfield; and Charles C. Gleisner, III and the Law Offices of William C. Gleisner, Milwaukee; on behalf of the Wisconsin Academy of Trial Lawyers.

Amicus curiae briefs were filed by Lynn R. Laufenberg and Laufenberg & Hoefle, S.C., Milwaukee, on behalf of Karen Korb.


¶ 1 ANN WALSH BRADLEY, J.

The petitioner, Acuity, seeks review of a published court of appeals decision affirming orders of the circuit court for Milwaukee County that denied Acuity's motions for summary judgment and reconsideration and that awarded G. Vaughn Stone and Christine Stone $500,000 pursuant to the parties' stipulation.1 Acuity contends that the court of appeals erred in its conclusions. (1) that Acuity violated Wis. Stat...

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