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DAY v. ALLSTATE INDEM. CO.

No. 2008AP2929.

784 N.W.2d 694 (2010)

2010 WI App 72

Wendy M. DAY, individually and as Personal Representative of the deceased, Emma Day, Plaintiff-Respondent, v. ALLSTATE INDEMNITY COMPANY, Defendant-Third-Party Plaintiff-Appellant, v. Clinton Day, Third-Party Defendant.

Court of Appeals of Wisconsin.

Opinion Filed April 13, 2010.

Attorney(s) appearing for the Case

On behalf of the defendant-third party plaintiff-appellant, the cause was submitted on the briefs of John J. Swietlik, Jr. and Michael D. Aiken of Kasdorf, Lewis and Swietlik, S.C. of Milwaukee. There was oral argument by John J. Swietlik, Jr.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of C.M. Bye and Brian F. Laule of Bye, Goff & Rohde, Ltd. of River Falls. There was oral argument by Brian F. Laule.

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

¶ 1 BRUNNER, J.

Allstate Indemnity Company appeals a nonfinal order granting Wendy Day's motion for summary judgment and denying Allstate's motion for summary judgment in this insurance coverage dispute. Allstate argues the family member exclusion clause in Clinton and Holly Day's homeowners' liability policy precludes coverage for Wendy's wrongful death and survivorship claims. We agree the clause bars coverage, reverse the grant of summary judgment, and remand...

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