PIERCE v. MID-CENTURY INS. CO.

No. 2015AP2408.

887 N.W.2d 115 (2016)

2016 WI App 79

Jessica PIERCE, Brenden Pepper, a minor by his Guardian ad Litem, James P. Scoptur and Zachary Pierce, a minor by his Guardian ad Litem, James P. Scoptur, Plaintiffs-Appellants, v. MID-CENTURY INSURANCE COMPANY, Defendant-Respondent, Amanda Swedlund, Defendant, Mid-Century Insurance Company, Third-Party Plaintiff, v. Briliey Swedlund, Mason Swedlund, Christopher Swedlund, Wendy Burris, George Burris, Wilson Mutual Insurance Company and Sylvia Mathews Burwell, Third-Party Defendants. Joann K. Kohn, individually, and as the Executor of the Estate of John G. Kohn, deceased, Plaintiff, v. Farmers Union Mutual Insurance Company, Mid-Century Insurance Company and Amanda Swedlund, Defendants.

Court of Appeals of Wisconsin.

Opinion Filed September 29, 2016.


Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of James P. Scoptur of Aiken & Scoptur, S.C., Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of John A. Kramer and Michael J. Roman of Klinner Kramer Shull LLP, Wausau.

Before LUNDSTEN, SHERMAN and BLANCHARD, JJ.


¶ 1 This appeal relates to the enforceability of an automobile insurance policy provision that is part of the policy's definition of an underinsured motor vehicle. As pertinent here, this provision has the effect of excluding passengers of an insured's vehicle from the policy's underinsured motorist (UIM) coverage when the insured...

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