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CLARK v. LONDON & LANCASHIRE INDEMNITY CO.

21 Wis.2d 268 (1963)

CLARK, Respondent, v. LONDON & LANCASHIRE INDEMNITY COMPANY OF AMERICA, Appellant.

Supreme Court of Wisconsin.

October 29, 1963.

Attorney(s) appearing for the Case

For the appellant there were briefs by Gibbs, Roper & Fifield of Milwaukee, and oral argument by Richard S. Gibbs.

For the respondent there was a brief by Affeldt & Lichtsinn, and oral argument by Eldred Dede, all of Milwaukee.

CURRIE, J.

There are two issues which we find necessary to consider on this appeal. These are:

(1) Was defendant's motion procedurally defective on the ground that it failed to comply with sec. 270.635 (2), Stats.?

(2) Were the damages sought from plaintiff by Kamke and the other claimants "caused by accident" within the terms of the policy of insurance?

Because of our conclusion with respect to this...

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