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TOMSON v. AMERICAN FAMILY MUT. INS. CO.

No. 2008AP2744.

775 N.W.2d 541 (2009)

2009 WI App 150

Michael TOMSON and Joann Tomson, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent, Carolina Casualty Insurance Company, Schneider National Bulk Carriers, Inc., Reginald Gaskins, Humana Health Plan, Inc. and Midwest Security Administrators, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed September 1, 2009.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Daniel R. McCormick and Lea K. Polczinski of McCormick Law Office, Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the briefs of Wayne M. Yankala and Jenny Yuan of Mingo & Yankala, S.C., Milwaukee.

A nonparty brief was filed by William C. Gleisner, III of Law Offices of Wm. Gleisner, Milwaukee and Rhonda L. Lanford of Habush, Habush & Rottier, S.C., Madison for The Wisconsin Association for Justice.

Before CURLEY, P.J., FINE and KESSLER, JJ.

¶ 1 FINE, J.

Michael and Joann Tomson appeal the circuit court's grant of motions for declaratory and summary judgment filed by their uninsured-motorist carrier, American Family Mutual Insurance Company, dismissing the Tomsons' claims against American Family.2 The circuit court determined that there was no coverage under the policy. We reverse.

I.

¶ 2 Michael Tomson was injured when the semi-trailer he was driving...

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