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BIRKHOLZ v. CHEESE MAKERS MUT. CASUALTY CO.

274 Wis. 190 (1956)

BIRKHOLZ and another, d/b/a BIRKHOLZ BROTHERS, Respondents, vs. CHEESE MAKERS MUTUAL CASUALTY COMPANY and another, Appellants.

Supreme Court of Wisconsin.

December 4, 1956.

Attorney(s) appearing for the Case

For the appellants there was a brief by Lehner, Lehner & Behling of Oconto Falls, and oral argument by Howard N. Lehner.

For the respondents there was a brief by Callahan & Arnold of Columbus, and oral argument by Carroll B. Callahan.

BROWN, J.

Appellants submit that the policy insuring Birkholz Brothers against liability constitutes Birkholzes' insurance company their agent to effect settlements, and participation in settlement by the agent is participation by the principal. From there they advance to the proposition stated in Wm. H. Heinemann Creameries v. Milwaukee Automobile Ins. Co. (1955), 270 Wis. 443, 452b, 71 N.W.2d 395, that "the making of the...

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