00-2104 Sevcik, et al. v. Secura Insurance Company

By: dmc-admin//June 25, 2001//

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This is a wrongful death action arising out of an automobile accident in which Sally Peters was killed and her son, Justin, was severely injured. Mary Sevcik, as personal representative of the Estate of Sally Peters, and Justin, by his guardian ad litem, (collectively, the Peters) appeal a judgment in favor of Secura Insurance Company. The Peters argue that the policy is ambiguous and illusory. We conclude that the trial court correctly interpreted the policy to provide that the limits of liability for underinsured motorist coverage be reduced by the amount received from a tortfeasor’s liability insurer. Therefore, we affirm the judgment. Not recommended for publication in the official reports.

Dist III, Brown County, McKay, J., Cane, C.J.

Attorneys:

For Appellant: R. George Burnett, Green Bay

For Respondent: Jeff DeMeuse, Green Bay; Katherine L. Pleger, Green Bay

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