ANDERSON v. AUL

No. 2013AP500.

844 N.W.2d 636 (2014)

2014 WI App 30

Melissa ANDERSON and Kenneth Anderson, Plaintiffs-Appellants, v. Thomas AUL, Defendant-Respondent, Aul Real Estate Investment Company, LLC, Cornerstone Investments of Delafield, LLC, Riverside Investments, LLC, XYZ Insurance Company and ABC Insurance Company, Defendants, Wisconsin Lawyers Mutual Insurance Company, Intervenor-Respondent.

Court of Appeals of Wisconsin.

Opinion Filed February 19, 2014.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the brief of Holly L. Strop of Strop Law Offices, LLC, Madison.

On behalf of the intervenor-respondent, the cause was submitted on the brief of Claude J. Covelli of Boardman & Clark LLP, Madison.

Before BROWN, C.J., NEUBAUER, P.J., and REILLY, J.


NEUBAUER, P.J.

¶ 1 This is an appeal from a summary judgment granted in favor of an insurer on the basis that the insured did not give the insurer timely notice of a claim. The issue is whether the insurer was prejudiced by the untimely notice. The circuit court erred because it did not address prejudice. We conclude that the undisputed facts establish that the insurer was not prejudiced by the insured's late notice as a matter of law. We reverse and remand....

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