ESTATE OF STYS v. AUTO CLUB GROUP

No. 2009AP894.

779 N.W.2d 55 (2009)

2010 WI App 17

ESTATE OF Jean STYS, by James KUCZA, as Personal Representative, James Kucza and Kenneth Kucza, Plaintiffs-Appellants, Estate of Adeline C. Kucza, by James Kucza, as Personal Representative and Estate of Raymond S. Kucza, by James Kucza, as Personal Representative, Plaintiffs, United Healthcare of Wisconsin, Inc., Involuntary-Plaintiff, v. The AUTO CLUB GROUP INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed December 22, 2009.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Kevin R. Martin of Cannon & Dunphy, S.C., Brookfield.

On behalf of the defendant-respondent, the cause was submitted on the brief of Werner Scherr and Jean-Marie Feedham of Gonzalez Saggio & Harlan LLP, Milwaukee.

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


¶ 1 FINE, J.

James Kucza, Kenneth Kucza, and Jean C. Stys appeal an order dismissing their claims against The Auto Club Group Insurance Company, contending that the circuit court erred in concluding on summary judgment that they did not have underinsured-motorist coverage under the policy their deceased father, Raymond S. Kucza, had with Auto Club Group Insurance.1 We affirm.

I.

¶ 2 Raymond Kucza was severely...

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