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BUSS v. CLEMENTS

18 Wis.2d 407 (1963)

BUSS, by Guardian ad litem and another, Plaintiffs and Respondents, v. CLEMENTS, Defendant and Respondent: NORTHWESTERN NATIONAL INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

January 8, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Gwin & Fetzner of Hudson, and oral argument by John W. Fetzner.

For the respondents there was a brief by Robert R. Gavic of Spring Valley for David Buss and others, and by C. L. Gaylord of River Falls for James Clements, and oral argument by Mr. Gaylord.

BROWN, C. J.

The appeal presents two issues:

(1) Whether upon the search of the whole record it shows as a matter of law that James Clements failed to comply with his obligation to report the accident to the Insurance Company as soon as practicable.

(2) If such failure was found, whether upon the examination of the entire record it shows as a matter of law no issue remains that appellant was prejudiced.<...

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