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WEED v. LEPIANKA

30 Wis.2d 198 (1966)

WEED (Earl), Plaintiff and Appellant, v. LEPIANKA, Defendant: AETNA CASUALTY & SURETY COMPANY, Defendant and Respondent. WEED (Mrs. Edna), Plaintiff and Appellant, v. LEPIANKA and others, Defendants: SAME, Defendant and Respondent. STANKEVITZ, Plaintiff and Appellant, v. SAME, Defendants: SAME, Defendant and Respondent.

Supreme Court of Wisconsin.

March 1, 1966.

Attorney(s) appearing for the Case

For the appellants there was a brief by Martineau & Martineau of Marinette, and oral argument by E. B. Martineau.

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

HEFFERNAN, J.

It is basically the position of the appellants that the delivery of the policy to the agent Wood was in effect delivery to the assured and was hence sufficient to effect coverage. There is no doubt that, in some situations, the delivery to the agent could be construed to be delivery to the assured, but the basic rule as stated by Appleman is:

"Delivery of a policy is largely a question of intent, that which the conduct or agreement of the parties...

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