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MITTNACHT v. ST. PAUL FIRE AND CAS. INS.

No. 2008AP1036.

767 N.W.2d 301 (2009)

2009 WI App 51

John A. MITTNACHT and Theresa Mittnacht, Plaintiffs-Appellants, v. ST. PAUL FIRE AND CASUALTY INSURANCE COMPANY and Midwest Security Administrators, Inc., Defendants-Respondents.

Court of Appeals of Wisconsin.

Opinion Filed March 4, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Timothy A. Hawley and Christina L. Peterson of Stellpflug Law, S.C., De Pere.

On behalf of the defendants-respondents, the cause was submitted on the brief of Michael R. Vescio of SmithAmundsen LLC, Milwaukee.

Before BROWN, C.J., SNYDER and NEUBAUER, JJ.

¶ 1 NEUBAUER, J.

John A. Mittnacht and Theresa Mittnacht appeal from a summary judgment granted in favor of St. Paul Fire and Casualty Insurance Company. John was injured in an automobile accident while operating his own auto during the course of his employment. He seeks uninsured motorist (UM) and medical payments coverage under his employer's commercial auto policy. It is undisputed that John's car is not a "covered auto" under the policy's UM insuring agreement...

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