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SEVERIN v. LUCHINSKE

271 Wis. 378 (1955)

SEVERIN, Plaintiff and Respondent, vs. LUCHINSKE, Defendant and Respondent: MILWAUKEE AUTOMOBILE INSURANCE COMPANY, LTD., Defendant and Appellant.

Supreme Court of Wisconsin.

December 6, 1955.

Attorney(s) appearing for the Case

For the appellant there were briefs by McCue & Regan of Milwaukee, and Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, attorneys, and D. J. Regan of Milwaukee of counsel, and oral argument by James R. Faulds and D. J. Regan.

For the respondent Oscar Severin there was a brief by Fisher, Peickert, Anderson & Fisher, attorneys, and John E. Shannon, Jr., of counsel, all of Stevens Point, and oral argument by Hiram D. Anderson, Jr.

For the respondent Benjamin Luchinske there was a brief and oral argument by Morgan L. Midthun of Wisconsin Rapids.

GEHL, J.

The policy provides, among other things, that:

"The company agrees with the insured, named in the declarations made a part hereof, in consideration of the payment of the premium and in reliance upon the statements in the declarations and subject to the limits of liability, exclusions, conditions and other terms of this policy:

"Insuring Agreements

"I. Coverage A—Bodily Injury Liability...

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