Appeals Court Sides with Wisconsin Trucker in Insurance Dispute

July 23, 2009

A northeast Wisconsin trucker has won another legal battle involving an insurance claim he filed after hitting a deer in 2002.

Court records say what started as a $7,500 claim has since mushroomed to nearly $250,000 in damages and legal costs.

The 3rd District Court of Appeals ruled that John Kottke of Larson was entitled to nearly $90,000 in attorney fees and costs, plus interest, and that an Outagamie County judge erred in limiting them.

The dispute started when Commercial Truck Claims Management of Grain Valley, Mo., decided the deer damage on Kottke’s semi-truck could be fixed for $2,000 less than he claimed by not replacing the vehicle’s custom parts and paint.

Kottke sued in 2003, eventually leading to a jury awarding him $115,000.

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