Trial Level Brief

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STATE OF WISCONSIN CIRCUIT COURT DANE COUNTY Wayne Arnold Schultz, Plaintiff, Case No. 03-CV-1211 v. Lakeland Services Cooperative, Inc., Case Code: 30301 Defendant. ____________________________________________________________ _____ DEFENDANT’S BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT ____________________________________________________________ ______ Statement of Facts Following the death of his thirteen horses in April of 2010, Wayne Schultz was contacted by Four Lakes Casualty Insurance (FLCI), accepting general liability for Lakeland Services Cooperative (LSC), that same month to negotiate a settlement. This negotiation began on 4/23/2010 after Gerald Frank Porter, an insurance representative from FLCI, visited both Lakeland Services Cooperative and the Schultz’s Farm on 4/21/2010. After three days of negotiation, Porter presented a settlement offer of $250,000 to Schultz over the telephone and subsequently mailed a check of that amount to Schultz based off of an agreement between the two. This agreement was ambiguous as Porter stated in his deposition that Schultz did not accept the offer over the telephone but agreed that having the check in his hands would help him make a decision. Schultz’s reception of the settlement check of $250,000 was verified by Porter via telephone on 4/28/10. Schultz retained the settlement check without cashing it over the next eight months. During this time period Porter attempted to make contact with Schultz in order to obtain a definitive acceptance; he called eleven times, leaving eleven voicemail messages and sent seven written letters; the letters stated that the FLCI has assumed acceptance and that the check should be returned immediately if Schultz

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