Legal Opinion

Allstate Insurance Company v. Donna E. Keca and Trisha Bontempo, Individually and as Guardian of Miranda Bontempo

Court of Appeals for the Seventh Circuit

Decided May 20, 2004No. 03-3702, 03-3835PublishedCited by 21 opinions

1Opinion of the Court

FLAUM, Chief Judge.

This appeal presents the question whether an underinsured motorist (“UIM”) reducing clause contained in the insurance policies held by the defendants is enforceable under Wisconsin law, and if so, how the clause applies. A severe auto mobile collision involving an underinsured motorist and Donna E. Keca (“Keca”), Trisha Bontempo (“Bontempo”) and Miranda Bontempo, a minor, led to this action. In dispute is the amount of UIM benefits Keca and Bontempo (collectively “defendants”) are owed by their insurer, Allstate Insurance Company (“Allstate”). Before the district court,…

2Cases cited20 opinions

  1. The Lexington Insurance Company v. Rugg & Knopp, Inc., and the Salt Lake City CorporationCourt of Appeals for the Seventh Circuit · 1999
  2. Folkman v. QuammeWisconsin Supreme Court · 2003
  3. Dowhower v. West Bend Mutual InsuranceWisconsin Supreme Court · 2000
  4. Liberty Mutual Insurance Company v. Triangle Industries, Incorporated, A/K/A Anc Holdings, Incorporated Triangle Pwc, Incorporated, & Third Party v. New Jersey Property-Liability Guaranty Association, on Behalf of Ideal Mutual Insurance Company, in Liquidation, Zurich-American Insurance Companies, 91-1685 Zurich Insurance Company, Third Party and Wausau Insurance Companies, Employers Insurance of Wausau, Third Party Westinghouse Electric Corporation, International Business MacHines Corporation, Olin Corporation, American Fiber Manufacturers Association, American Petroleum Institute, Chemical Manufacturers Association, Insurance Environmental Litigation Association, Amici CuriaeCourt of Appeals for the Third Circuit · 1992
  5. Badger Mutual Insurance v. SchmitzWisconsin Supreme Court · 2002

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3Cited by21 opinions

  1. National Athletic Sportswear, Inc. v. Westfield InsuranceCourt of Appeals for the Seventh Circuit · 2008
  2. Republic Tobacco Co., Plaintiff-Appellee/cross-Appellant v. North Atlantic Trading Company, Inc., Defendants-Appellants/cross-AppelleesCourt of Appeals for the Seventh Circuit · 2004
  3. Protective Life Insurance v. HansenCourt of Appeals for the Seventh Circuit · 2011
  4. Ronda DePriest v. Dennis MilliganCourt of Appeals for the Eighth Circuit · 2016
  5. Officer v. Chase Ins. Life and Annuity Co.Court of Appeals for the Seventh Circuit · 2008

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