Debra L. Kontowicz v. American Standard Insurance Co. of Wisconsin
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2006 WI 90 SUPREME COURT CASE NO.: OF WISCONSIN 2003AP2177 & 2003AP2534 COMPLETE TITLE: Debra L. Kontowicz, Keith A. Kontowicz, Scott Kontowicz, Katie Kontowicz by their Guardian ad Litem, William Cannon, Plaintiffs-Respondents-Petitioners, American Family Mutual Insurance Co., Involuntary-Plaintiff, v. American Standard Insurance Co. of Wisconsin, Defendant-Appellant, ABC Insurance Co., Defendant. Larry Buyatt, Plaintiff-Respondent-Petitioner, American Family Mutual Insurance Company, Involuntary-Plaintiff, v. Metropolitan Property and Casualty Insurance Company and Jason E. Schoessow, Defendants-Appellants. MOTION FOR RECONSIDERATION 2006 WI 48 Reported at: ___ Wis. 2d ___, 714 N.W.2d 105 OPINION FILED: SUBMITTED ON BRIEFS: ORAL ARGUMENT: July 7, 2006 SOURCE OF APPEAL: COURT: COUNTY: JUDGE: JUSTICES: CONCURRED: DISSENTED: NOT PARTICIPATING: ATTORNEYS: WILCOX, J., did not participate. 2006 WI 90 NOTICE This opinion is subject to further editing and modification. The final version will appear in the bound volume of the official reports. No. 2003AP2177 & 2003AP2534 (L.C. No. 2001CV697 & 2001CV1120) STATE OF WISCONSIN : IN SUPREME COURT Debra L. Kontowicz, Keith A. Kontowicz, Scott Kontowicz and Katie Kontowicz, by their Guardian ad Litem, William Cannon, Plaintiffs-Respondents-Petitioners, American Family Mutual Insurance Co., Involuntary-Plaintiff, FILED JUL 7, 2006 v. American Standard Insurance Co. of Wisconsin, Defendant-Appellant, ABC Insurance Co., Defendant. Larry Buyatt, Plaintiff-Respondent-Petitioner, American Family Mutual Insurance Company, Involuntary-Plaintiff, v. Metropolitan Property and Casualty Insurance Company and Jason E. Schoessow, Defendants-Appellants. Cornelia G. Clark Clerk of Supreme Court No. MOTION for reconsideration. ¶1 PER CURIAM. 2003AP2177 & 2003AP2534 Reconsideration denied. American Standard Insurance Company, the defendant-appellant, moves the court to clarify or reconsider its decision in Kontowicz v. American Standard Insurance Co., 2006 WI 48, ___ Wis. 2d ___, 714 N.W.2d 105, with regard to the portions of that decision addressing the calculation of Wis. Stat. § 628.46 interest. American Standard asserts that the decision contains language as to the accrual date for § 628.46 interest that may be confusing to litigants, lawyers and courts as they apply our Kontowicz decision. ¶2 We deny reconsideration, American because granting such a motion. it Standard's meets none of motion the for criteria for See Wis. S. Ct. IOP II-J (March 16, 2000). ¶3 However, in the interest of clarifying our opinion to facilitate its application, we agree to clarify that Wis. Stat. § 628.46 interest begins to run on an overdue claim 30 days after the claimant provides the statutorily required notice (33 days in situations where the claimant mails the statutorily required notice to the insurer), and in order to so clarify, we withdraw the following words from the last sentence of ¶53 in Kontowicz: "consistent court, § 628.46." with the determination of the circuit As clarified, the last sentence now provides: We, therefore, hold that as of January 8, 2001, the statutory 30-day period after which interest would accrue began running on $238,379.53 of Kontowicz's No. 2003AP2177 & 2003AP2534 claim, and on August 2, 2001, the 30 days began to run on the full $500,000 claim. Footnote 18 explains the rule applicable when service of the notice is made by mail. ¶4 Further, we direct the Waukesha County Circuit Court to apply this clarified statement for calculating Wis. Stat. § 628.46 interest on the Kontowicz claims. ¶5 JON P. WILCOX, J., did not participate. 2
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