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PASKIEWICZ v. AMERICAN FAMILY MUT. INS. CO.

No. 2012AP2758.

834 N.W.2d 866 (2013)

2013 WI App 92

Michelle L. PASKIEWICZ and Andrew A. Paskiewicz, Plaintiffs-Appellants, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Ray R. Vogt, Jr., Brenda Free and Wisconsin Health Fund, Defendants, Acuity, A Mutual Insurance Company, Defendant-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed June 26, 2013.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Patrick J. Schott and April Rockstead Barker of Schott, Bublitz & Engel, S.C., Brookfield.

On behalf of the defendant-respondent, the cause was submitted on the brief of Julie K. Vaughn of Simpson & Deardorff, S.C., Milwaukee.

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

GUNDRUM, J.

¶ 1 Michelle and Andrew Paskiewicz appeal from a summary judgment dismissing their uninsured and underinsured motorists (UM/UIM) claims against their insurer, Acuity. They contend the circuit court erred in concluding that their insurance policy1 did not provide coverage because the miniature all-terrain vehicle at issue is a toy and therefore not a "land motor vehicle" under...

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