Van Erden v. Sobczak

¶ 26. (concurring in part; dissenting in part). I join in the majority's analysis and conclusion affirming the dismissal of the Van Erdens' action against American Family Insurance. I depart, however, from the majority's decision affirming the dismissal of their action against the City of Milwaukee.

¶ 27. The pivot point is certain. The parties agree that if the City was "[a]n insurer writing policies," see Wis. Stat. § 632.32(4m)(a)l, then the City was required to offer underinsured motorist coverage; if not, the City was not required to do so. Clearly, Wisconsin case law, statutes, and…