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02-0299 Rubrich, et al. v. Piotruszewicz, et al.

By: dmc-admin//November 25, 2002//

02-0299 Rubrich, et al. v. Piotruszewicz, et al.

By: dmc-admin//November 25, 2002//

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Paul J. Piotruszewicz appeals from the order for summary judgment dismissing his third-party claim against Badger Mutual Insurance Company. He argues that the circuit court erred in concluding that the pay-and-walk provision of his Badger Mutual policy was enforceable and thus permitted Badger Mutual to pay its policy limits and not defend him against Rubrich’s tort action for damages in excess of the policy’s limits. Specifically, Piotruszewicz argues that: (1) Badger Mutual was required to “seek judicial determination of the validity of its `pay and walk’ provision” prior to exercising the option; (2) Badger Mutual’s pay-and-walk provision is ambiguous, and, therefore, unenforceable; (3) Badger Mutual’s conduct demonstrated bad faith; and (4) the pay-and-walk provision is void as against public policy.

We affirm.

This opinion will not be published.

Dist I, Milwaukee County, White, J., Per Curiam

Attorneys:

For Appellant: Raymond E. Schrank II, Greenfield

For Respondent: Not given

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