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ZARDER v. HUMANA INS. CO.

No. 2008AP919.

782 N.W.2d 682 (2010)

2010 WI 35

James ZARDER, Glory Zarder and Zachary Zarder, by Robert C. Menard, Guardian ad Litem, Plaintiffs-Respondents, v. HUMANA INSURANCE COMPANY, Defendant, Acuity, A Mutual Insurance Company, Defendant-Appellant-Petitioner.

Supreme Court of Wisconsin.

Decided May 14, 2010.

Attorney(s) appearing for the Case

For the defendant-appellant-petitioner there were briefs by Lance S. Grady, Daniel K. Miller, and Grady, Hayes & Neary, LLC, Waukesha, and oral argument by Lance S. Grady.

For the plaintiffs-respondents there was a brief by Luke M. Wagner and the Wagner Law Firm, S.C., Menomonie, and Robert Menard and Derzon & Menard, S.C., Milwaukee, and oral argument by Luke M. Wagner.

An amicus curiae brief was filed by Timothy M. Barber and Axley Brynelson, LLP, Madison, on behalf of the Wisconsin Association for Justice.

¶ 1 ANN WALSH BRADLEY, J.

Acuity, A Mutual Insurance Company, seeks review of a published court of appeals decision affirming the circuit court's denial of Acuity's motion for declaratory judgment.1 Acuity sought a declaration that the accident here was not a hit-and-run accident under the terms of the uninsured motorist (UM) policy issued to James and Glory Zarder. The circuit court and court of appeals determined that Acuity was...

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