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ULLERICH v. SENTRY INS.

No. 2011AP2875.

824 N.W.2d 876 (2012)

344 Wis.2d 708

2012 WI App 127

Louis G. ULLERICH and Marie Ullerich, Plaintiffs-Appellants, Michael Leavitt, Secretary of the United States Department of Health and Human Services, Involuntary-Plaintiff, v. SENTRY INSURANCE, Defendant-Third-Party Plaintiff-Respondent, Richard E. Goergen, Defendant-Third-Party Plaintiff, United Healthcare Services, Defendant, Kathryn Saffold, Travelers Property and Casualty Company of America, U.S. Investigations Services, Inc. and U.S. Investigations Services, LLC, d/b/a USIS Investigations Services, Third-Party Defendants.

Court of Appeals of Wisconsin.

Opinion Filed October 23, 2012.

Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant, Louis G. Ullerich , the cause was submitted on the briefs of Geoffrey D. Wilber of Gruber Law Offices, LLC, Milwaukee.

On behalf of the defendant-third party plaintiff-respondent, the cause was submitted on the brief of Lawrance J. Drabot of Crivello Carlson, S.O., Milwaukee.

Before FINE, KESSLER and BRENNAN, JJ.

BRENNAN, J.

¶ 1 This case addresses what an insured must plead in order to proceed with discovery and survive summary judgment in a first-party bad faith and breach of contract action against an insurer. Louis Ullerich filed bad faith and breach of contract claims against his insurer, Sentry Insurance, for refusing to pay him $250,000, the policy limit set forth in the uninsured motorist ("UM") endorsement in Ullerich's automobile insurance policy. The trial...

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