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LUBOW v. MORRISSEY

13 Wis.2d 114 (1961)

LUBOW and another, Plaintiffs, v. MORRISSEY and others, Defendants and Appellants: SHALLOCK TRANSPORTATION, INC., and another, Defendants and Respondents. [Two appeals.]

Supreme Court of Wisconsin.

March 7, 1961.

Attorney(s) appearing for the Case

For the appellants Gerald R. Morrissey, Jr., and Liberty Mutual Insurance Company there were briefs by Wickham, Borgelt, Skogstad & Powell, attorneys, and Norman C. Skogstad, Anton Motz, and Clayton R. Hahn of counsel, all of Milwaukee, and oral argument by Mr. Hahn.

For the appellants Al Shallock, Inc., and National Union Indemnity Company there was a brief by Arnold, Philipp & Murray of Milwaukee, and oral argument by James T. Murray.

For the respondents Shallock Transportation, Inc., and American Employers' Insurance Company there was a brief by Ray T. McCann and Richard A. McDermott, both of Milwaukee, and oral argument by Mr. McDermott.

FAIRCHILD, J.

1. Shallock Transportation, Inc. There has been no argument on appeal that dismissal of Shallock Transportation, Inc., was erroneous. As to it, the judgment will be affirmed.

2. Defense of American Employers. Under this policy, Morrissey was an additional, or omnibus insured by reason of permission given him to use the automobile. The policy, however, limited the insurance of an additional insured as follows:

"The insurance...

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