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VLASIS v. CHEESE MAKERS MUT. CASUALTY CO.

268 Wis. 389 (1955)

VLASIS and another, Plaintiffs and Appellants, vs. CHEESE MAKERS MUTUAL CASUALTY COMPANY, Defendant and Respondent: BOYNTON CAB COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

January 11, 1955.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kondos & Kondos, Peter J. Kondos, Michael J. Kondos, Mark M. Camp, and Arlo A. McKinnon, all of Milwaukee, for Mary Vlasis and George Vlasis, and by Moore & Prentice of Milwaukee, for the Boynton Cab Company, and oral argument by Mr. Peter J. Kondos, Mr. McKinnon, and Mr. Raymond J. Moore.

For the respondent there was a brief by Hannan, Johnson & Goldschmidt, attorneys, and Herbert L. Wible of counsel, all of Milwaukee, and oral argument by Mr. Wible.

BROADFOOT, J.

The complaint alleged acts of negligence on the part of Colburn that resulted in the injuries to Mrs. Vlasis. By its answer the Insurance Company denied the negligence of Colburn and then pleaded a policy defense as follows:

"5. Further answering said paragraph eight (8), this defendant alleges that by the aforesaid policy of insurance and the acceptance thereof by the said Vern R. Colburn, it was provided that compliance with the following provision...

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