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BETHKE v. AUTO-OWNERS INS. CO.

No. 2010AP3153.

825 N.W.2d 482 (2013)

2013 WI 16

Lynn BETHKE, Individually and as Personal Representative of the Estate of Kathryn A. Bethke and Andrew Bethke, Plaintiffs-Appellants-Petitioners, v. AUTO-OWNERS INSURANCE COMPANY, Defendant-Respondent.

Supreme Court of Wisconsin.

Decided February 1, 2013.

Attorney(s) appearing for the Case

For the plaintiffs-appellants-petitioners, there were briefs filed by William P. Te Winkle and Stephanie E. Waldon , and Rohde Dales, LLP, Sheboygan, and oral argument by William P. Te Winkle .

For the defendant-respondent, there were briefs filed by Richard E. Schmidt , Allen M. Ratkowski and Thomas T. Calkins , and Piper & Schmidt, Milwaukee, and oral argument by Allen M. Ratkowski .

An amicus curiae brief was filed by William C. Gleisner, III, Hartland, on behalf of the Wisconsin Association for Justice, and oral argument by William C. Gleisner, III.

ANN WALSH BRADLEY, J.

¶ 1 The petitioners, Lynn and Andrew Bethke (collectively, the Bethkes), seek review of an unpublished decision of the court of appeals affirming the circuit court's grant of a declaratory judgment to Auto-Owners Insurance Company.1 The Bethkes seek underinsured motorist coverage (UIM) under a policy issued by Owners as a result of an automobile accident caused by an allegedly negligent driver of a rental vehicle...

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