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GROTH v. FARMERS MUT. AUTOMOBILE INS. CO.

21 Wis.2d 655 (1963)

GROTH, Plaintiff, v. FARMERS MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant: MILWAUKEE AUTOMOBILE MUTUAL INSURANCE COMPANY, Defendant and Appellant: UNITED STATES FIDELITY & GUARANTY COMPANY, Defendant and Respondent. BLATTNER, by Guardian ad litem, Plaintiff, v. Same Appellant and Respondent.

Supreme Court of Wisconsin.

November 26, 1963.

Attorney(s) appearing for the Case

For the appellant there was a brief by Evrard, Evrard, Duffy, Holman & Faulds of Green Bay, and oral argument by James R. Faulds.

For the respondent there was a brief by Everson, Whitney, O'Melia & Everson of Green Bay, and oral argument by E. L. Everson.

CURRIE, J.

The issue on this appeal is whether either Milwaukee Auto or U.S.F.&G. is entirely liable under its policy for the amounts paid in settlement to the two plaintiffs, or whether each must bear a pro rata portion thereof under the "other insurance" clauses of the two policies.

The Milwaukee policy issued to plaintiff Groth contains the following "other insurance" provision:

"If the insured has other insurance against a loss covered...

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