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OLANDER v. KLAPPROTE

263 Wis. 463 (1953)

OLANDER, Plaintiff, vs. KLAPPROTE and others, Defendants: MILWAUKEE AUTOMOBILE INSURANCE COMPANY, Defendant and Appellant: STUDEY, Interpleaded Defendant and Respondent.

Supreme Court of Wisconsin.

March 31, 1953.

Attorney(s) appearing for the Case

For the appellant there was a brief by Vaudreuil & Vaudreuil of Kenosha, and oral argument by Leo E. Vaudreuil.

For the respondent there was a brief and oral argument by Robert J. Breakstone, attorney, and Morris Shovers of counsel, both of Racine.

GEHL, J.

It is not claimed that the policy does not afford plaintiff protection in the event that Klapprote is found guilty of actionable negligence. Nor is it claimed that the second paragraph of the quoted provision is effective. Appellant's contention is that it and Studey had the right to contract that in the event his automobile be operated by a person under the age of twenty-five years the insured would reimburse appellant for any loss suffered by the insurer...

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