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SNOREK v. BOYLE

18 Wis.2d 202 (1962)

SNOREK, by Guardian ad litem, and another, Plaintiffs, v. BOYLE and others, Defendants and Respondents: HOME MUTUAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

November 27, 1962.

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 Mr. Pfankuch.

For the respondents there was a brief by W. L. Jackman and Hart, Kraege, Jackman & Wightman, all of Madison, and oral argument by W. L. Jackman.

CURRIE, J.

The sole issue on this appeal is whether defendant Home Mutual may be directly sued on its policy of insurance, which it issued to defendants Joyce, before the liability of defendants Joyce to plaintiffs has been determined.

The coverage clause of Home Mutual's policy provides as follows:

"To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages...

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