Legal Opinion · Concurring in part, dissenting in part

Blum ex rel. Studinski v. 1st Auto & Casualty Insurance

Wisconsin Supreme Court

Decided July 14, 2010No. 2008AP1324Published

1Concurring in part, dissenting in partPatience Drake Roggensack, J.

¶ 80. 9concurring in part and dissenting in part). I concur in and join the majority opinion's conclusion that the uninsured motorist policy in this case is unambiguous and does not provide coverage when the owner of the uninsured vehicle was not negligent. I also concur in and join the majority's conclusion that Wis. Stat. § 632.32(4)(a) does not mandate coverage under these circumstances.

¶ 81. However, I dissent from the majority's conclusion that a court of appeals decision loses all precedential value when it is overruled in part by this court.1 I dissent because this conclusion is…

2Cases cited24 opinions

  1. O'Connor v. DonaldsonSupreme Court of the United States · 1975
  2. Folkman v. QuammeWisconsin Supreme Court · 2003
  3. Durning v. CitiBank, N.A.Court of Appeals for the Ninth Circuit · 1991
  4. Hull v. State Farm Mutual Automobile InsuranceWisconsin Supreme Court · 1998
  5. Milwaukee Metropolitan Sewerage District v. Wisconsin Department of Natural ResourcesWisconsin Supreme Court · 1985

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