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KLAPPS v. AMERICAN INS. CO.

26 Wis.2d 664 (1965)

KLAPPS (ELLA) and another, Plaintiffs and Respondents, v. AMERICAN INSURANCE COMPANY, Defendant and Appellant: MILWAUKEE AUTOMOBILE MUTUAL INSURANCE COMPANY and another, Defendants and Respondents: KLAPPS (ROBERT C.), Impleaded Defendant and Respondent. KRAUSE, Plaintiff and Respondent, v. KLAPPS (ROBERT C.), Defendant and Respondent: AMERICAN INSURANCE COMPANY, Defendant and Appellant: MITCHELL and another, Impleaded Defendants and Respondents. MITCHELL, Plaintiff and Respondent, v. KLAPPS (ROBERT C.), Defendant and Respondent: AMERICAN INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

March 2, 1965.

Attorney(s) appearing for the Case

For the appellant there were briefs by Cornelisen, Denissen, Kranzush & Kuehn, and oral argument by David J. Condon, all of Green Bay.

For the respondents there was a brief by Joyce & Goggin of Neenah, for Ella Klapps, and W. T. Kuchenberg and Harry P. Hoeffel, both of Appleton, for the Milwaukee Automobile Mutual Insurance Company and Patricia Mitchell, and Harry P. Hoeffel, for Arthur H. Krause and Patricia Mitchell, and oral argument by Mr. Hoeffel.

WILKIE, J.

There are two issues presented on this appeal:

First, have plaintiffs-respondents met the burden of proving the existence of an insurance policy?

Second, assuming the burden was met, did the insurance policy issued to Winnebagoland Motors cover the car driven by Klapps at the time of the accident?

Existence of Insurance Policy.

The complaint in each of the three actions...

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