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GALVAN v. PETERS

22 Wis.2d 598 (1964)

GALVAN and another, Plaintiffs and Respondents, v. MILWAUKEE HELLENIC COMMUNITY and another, Defendants and Appellants: PETERS and others, Defendants and Respondents. [Case No. 174.] BARUXIS, by Guardian ad litem, Plaintiff and Respondent, v. MILWAUKEE HELLENIC COMMUNITY and another, Defendants and Appellants: PETERS and others, Defendants and Respondents. [Case No. 175.]

Supreme Court of Wisconsin.

March 3, 1964.

Attorney(s) appearing for the Case

For the appellants there were briefs by Kivett & Kasdorf, attorneys, and Fred D. Huber, Jr., of counsel, all of Milwaukee, and oral argument by Mr. Huber.

For the respondents there was a brief by Maurice M. Spracker and Robert M. Siegman, both of Milwaukee, for Kathleen Baruxis; by Backus, Waters & McClelland of Milwaukee, for George G. Peters; and by Kluwin, Dunphy, Hankin & Hayes of Milwaukee, for David M. Galvan and the Commercial Insurance Company of Newark, N. J., and oral argument by Bernard J. Hankin.

For Mary Lou Galvan and Ramona Posada there was a separate brief by Henry J. Koster of Milwaukee, and Camp & Camp of Milwaukee, and oral argument by Mark M. Camp.

HALLOWS, J.

The basic issues presented are whether the policy of Liberty Mutual issued to Milwaukee Hellenic Community includes Peters as an insured and if not whether the finding that Liberty Mutual and Milwaukee Hellenic Community had agreed a person in the circumstances of Peters was to be an insured can be sustained and the policy reformed.

The trial court was of the view the Milwaukee Hellenic Community and the Liberty Mutual had agreed that any member...

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