Bowen v. American Family Insurance

¶ 1. Lisa Bowen and Daniel Lange (collectively, Bowen) appeal a judgment dismissing their wrongful death claims following the death of their mother, Sara Lange, in a car accident. Sara was a passenger in a car driven by her husband, Thomas Lange, and insured by American Family Insurance *235Company.1 Bowen argues that, because Thomas disclaimed his right to recover for Sara's wrongful death pursuant to Wis. Stat. § 854.13,2 the right to recover passed to Bowen as Sara's next lineal heir. However, we conclude that a surviving spouse cannot disclaim a wrongful death claim under § 854.13 so as to…