WADZINSKI v. AUTO-OWNERS INS. CO.

No. 2009AP2752.

797 N.W.2d 910 (2011)

2011 WI App 47

Michelle B. WADZINSKI, individually and as personal representative of the Estate of Steven M. Wadzinski, Plaintiff-Appellant, v. AUTO-OWNERS INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed March 1, 2011.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs and oral argument of George Burnett of Liebmann, Conway, Olejniczak & Jerry, S.C., Green Bay.

On behalf of the defendant-respondent, the cause was submitted on the brief of Arthur E. Kurtz and Daniel P. McAlvanah of Axley Brynelson, LLP, Madison. There was oral argument by Arthur E. Kurtz .

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


BRUNNER, J.

¶ 1 Michelle Wadzinski appeals a summary judgment in favor of Auto-Owners Insurance Company. The circuit court determined that Wadzinski is not entitled to uninsured motorist (UM) benefits under an executive umbrella policy issued to her husband, Steven. We conclude the executive umbrella policy is ambiguous. We therefore construe the policy in Wadzinski's favor and hold that she is entitled to recover UM benefits from Auto-Owners. Accordingly, we...

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