WILSON MUT. INS. CO. v. RISLER

No. 2010AP1573.

798 N.W.2d 898 (2011)

2011 WI App 70

WILSON MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. Daryl RISLER, Defendant-Respondent, Taylor Risler, a minor, Amy Norby, as the Special Administrator of the Estate of Jamie L. McKillip, Patrick McKillip, Benjamin B. Froehlich, Tonette Froehlich and Jacob T. Froehlich, Defendants, Paul Owens, Anthony Owens and Jacob Teigen, a minor, by his Guardian ad Litem, Steven G. Danielson, Mike Teigen and Laura Teigen, Defendants-Third-Party Plaintiffs-Respondents, v. Kees Farms, LLC, Rural Mutual Insurance Company, ABC Insurance Company and DEF Insurance Company, Third-Party Defendants, Geico Indemnity Company, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed April 13, 2011.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, the cause was submitted on the briefs of Terri L. Weber and Justin F. Wallace of Nash , Spindler, Grimstad & McCracken, LLP, Manitowoc.

On behalf of the defendants-third-partyplaintiffs-respondents, Paul Owens and Anthony Owens , the cause was submitted on the brief of Thomas J. Graham, Jr. and Ryan J. Steffes of Weld , Riley, Prenn & Ricci, S.C., Eau Claire.

On behalf of the third-party-defendant-respondent, Geico Indemnity Company, the cause was submitted on the brief of John R. Crawford of Johnson & Lindberg, P.A., Bloomington, Minnesota.

On behalf of the defendants-third-partyplaintiffs-respondents, Mike Teigen , Laura Teigen and Jacob Teigen , the cause was submitted on the brief of Scott Winston of Guelzow & Winston, LTD, Eau Claire.

Before BROWN, C.J., ANDERSON and REILLY, JJ.


REILLY, J.

¶ 1 Wilson Mutual Insurance Company appeals from an order of the circuit court denying Wilson Mutual's motion for declaratory judgment. The dispute in this appeal is whether Daryl Risler's umbrella policy with Wilson Mutual was in effect the night of August 31, 2008, when Risler's son was involved in a car accident.

¶ 2 Risler did not pay the renewal premium on his umbrella policy and the policy therefore expired on May 29, 2007. Wilson...

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