C. R. Ex Rel. Herrick v. American Standard Insurance

Defendant American Standard Insurance Company of Wisconsin appeals from a judgment declaring that plaintiff C.R., born out of wedlock, may maintain an action for the wrongful death of C.R.’s putative father, Kevin, because Kevin had acknowledged in writing that he was C.R.’s father. The question is whether the trial court erred by considering the surrounding circumstances when deciding the meaning of the writing. We hold that the court did not err. We therefore affirm.

The trial court’s factual findings are largely uncontested. The court found that C.R.’s mother, Kay, and Kevin were engaged to…