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ESTATE OF PAYETTE v. MARX

Appeal No. 2018AP627.

938 N.W.2d 628 (2019)

2020 WI App 2

ESTATE OF Kevin L. PAYETTE, BY its personal representative, ASSOCIATED TRUST CO., N.A., Alexis W. Payette and Natalie S. Payette, minors, by their guardian and parent, Heather Pagel, Plaintiffs-Respondents, Secura Insurance, a mutual company, Involuntary-Plaintiff, v. David E. MARX and 1st Auto Casualty Insurance Company, Defendants-Appellants.

Court of Appeals of Wisconsin.

Opinion Filed: December 10, 2019.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Erik L. Fuehrer and Kody Garza of Gabert, Williams, Konz & Lawrynk, LLP, Appleton.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Herbert C. Liebmann IV of Liebmann & Van Straten Legal Group, LLC, Green Bay.

A nonparty brief was filed by Lynn R. Laufenberg of Gingras, Thomsen & Wachs, S.C., Waukesha, and Edward E. Robinson of Cannon & Dunphy, S.C., Brookfield, on behalf of the Wisconsin Association for Justice.

A nonparty brief was filed by Ryan J. Walsh of Eimer Stahl, LLP of Madison, on behalf of the Wisconsin Insurance Alliance.

Before Stark, P.J., Hruz and Seidl, JJ.

¶1 In this wrongful death and survival action, David Marx and his insurer, 1st Auto Casualty Insurance Company (collectively, 1st Auto), appeal a judgment awarding prejudgment interest at the rate of 12 percent per year under WIS. STAT. § 628.46 (2015-16)1 to the Estate of Kevin Payette and Payette...

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