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Kontowicz v. American Standard Insurance Co. of Wisconsin1/19/2005
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CONCLUSION
. We conclude that Wis. Stat. § 628.46 is ambiguous when raised in a third-party bodily injury or personal injury context. We further conclude that the legislature intended the § 628.46 interest penalty to protect the insured from unfair and dilatory claims practices. We further conclude that Wis. Stat. § 646.31(2)(d) broadens the application of § 628.46 to worker 's compensation claimants and that narrow class of third parties whose claims arise in the same manner and under the same provisions as the insured. We reverse the judgments insofar as they award interest to the plaintiffs under § 628.46 and remand with directions for each respective circuit court to enter an amended judgment in accordance with this decision.
By the Court.-Judgments reversed and causes remanded with directions.
Recommended for publication in the official reports.
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