Legal Opinion

Estate of Ermenc Ex Rel. Ermenc v. American Family Mutual Insurance

Court of Appeals of Wisconsin

Decided August 19, 1998No. 98-0531PublishedCited by 17 opinions

1Opinion of the CourtBrown, J.

The estate of Monica Ermenc appeals from a grant of summary judgment to American Family Mutual Insurance Company. The estate commenced an action against American Family for breach of contract and bad faith after American Family denied a claim for $31,694.76 in medical bills which Monica incurred while being treated for stomach cancer. The trial court granted summary judgment to American Family finding that Monica's stomach cancer was not a covered sickness under the policy and that the stomach cancer was a preexisting condition.

The underlying facts are not in dispute. In May 1996, Monica went…

2Cases cited7 opinions

  1. Just v. Land Reclamation Ltd.Wisconsin Supreme Court · 1990
  2. City of Edgerton v. General Casualty Co.Wisconsin Supreme Court · 1994
  3. City of Edgerton v. General Casualty Co. of WisconsinCourt of Appeals of Wisconsin · 1992
  4. Greene Ex Rel. Schoone v. General Casualty Co.Court of Appeals of Wisconsin · 1997
  5. Meyer v. Classified Ins. Co., Inc.Court of Appeals of Wisconsin · 1995

2 more not listed; retrieve them via the Exa API.

3Cited by17 opinions

  1. Joseph Lawson Tammy Malatak, on Behalf of Minor Child Elena Lawson v. Fortis Insurance Company, Appellant/cross-AppelleeCourt of Appeals for the Third Circuit · 2002
  2. Shirley Mcleod v. Hartford Life And Accident Insurance CompanyCourt of Appeals for the Third Circuit · 2004
  3. Malik v. American Family Mutual Insurance Co.Court of Appeals of Wisconsin · 2001
  4. American Family Mutual Insurance v. SchmitzCourt of Appeals of Wisconsin · 2010
  5. Hall v. Continental Casualty Co.District Court, W.D. Wisconsin · 2002

12 more not listed; retrieve them via the Exa API.

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