Sweeney Ex Rel. Ross v. General Casualty Co. of Wisconsin

I agree that the result we reach in this appeal is compelled by prior holdings of this court. I write separately, however, to note that, in my view, our present holding, taken together with Smith v. Atlantic Mut. Ins. Co., 155 Wis. 2d 808, 456 N.W.2d 597 (1990) (Smith II), produces a set of incompatible results. The appellate decisions reviéwed in the court's opinion demonstrate that, while our stated purpose is to realize the reasonable expectations of the parties to the policy, we do not consistently achieve that goal. Cf. Weimer v. Country Mut. Ins. Co., 211 Wis. 2d 845, 857-58, 565 N.W.2d…