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MANCHESKI v. DERWAE

11 Wis.2d 467 (1960)

MANCHESKI, Plaintiff and Respondent, v. DERWAE and others, Defendants and Respondents: HOME MUTUAL CASUALTY COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

November 1, 1960.

Attorney(s) appearing for the Case

For the appellant there were briefs by Byrne, Bubolz & Spanagel, attorneys, and William S. Pfankuch of counsel, all of Appleton, and oral argument by Robert L. Spanagel.

For the respondents Leona Derwae and American Mutual Liability Insurance Company there was a brief by Welsh, Trowbridge, Bills, Planert & Gould and Lontkowski & Lontkowski, all of Green Bay, and oral argument by Lloyd J. Planert and Edward C. Lontkowski.

For the respondents Anton Mankowski and Farmers Mutual Automobile Insurance Company there was a brief by Everson, Whitney, O'Melia & Everson, attorneys, and Evrard, Evrard, Duffy, Holman & Faulds and Davis, Soquet, Cherney & Ross of counsel, all of Green Bay, and oral argument by John C. Whitney, John P. Duffy, and Donald E. Soquet.

BROWN, J.

The policy provisions on which appellant relies to defeat coverage to Alex Jonet are:

"I. Coverage A—Bodily Injury Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person, caused by accident and arising out of the ownership, maintenance, or use of the automobile...

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