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NISCHKE v. AETNA HEALTH PLANS

No. 2008AP807.

763 N.W.2d 554 (2008)

2008 WI App 190

Lois E. NISCHKE and Donald L. Nischke, Plaintiffs-Joint-Appellants v. AETNA HEALTH PLANS, a/k/a Aetna Life Insurance Company, Defendant-Joint-Appellant Partners Mutual Insurance Company, Defendant-Respondent, Victor A. Barron, Michelle F. Garfield, 1st Auto & Casualty Insurance Company and American Family Mutual Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed November 4, 2008.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-joint appellants, and defendant-joint appellant, the cause was submitted on the briefs of Vance M. Waggoner, Oconto Falls, and Robert Hornik of Rausch, Sturm, Israel & Hornik, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Michael S. Siddall and Andrew J. Rossmeissl of Herrling Clark Law Firm Ltd., Appleton.

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

¶ 1 HOOVER, P.J.

Lois and Donald Nischke1 appeal a judgment determining there is no uninsured motorist coverage available under their automobile insurance policy from Partners Mutual Insurance Company. The Nischkes assert that a "drive other car" exclusion, which Partners invoked to deny coverage, is contrary to WIS. STAT. § 632.32(6)(b)2.a.2 We conclude...

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