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ALLEN v. ROSS

38 Wis.2d 209 (1968)

ALLEN, Plaintiff and Respondent, v. ROSS and others, Defendants and Respondents: HARDWARE MUTUAL INSURANCE COMPANY, Defendant and Appellant. [Case No. 181.] MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Plaintiff and Respondent, v. Ross, Defendant: HARDWARE MUTUAL INSURANCE COMPANY, Defendant and Appellant. [Case No. 182.] MAYFIELD, Plaintiff and Respondent, v. ROSS, Defendant: HARDWARE MUTUAL INSURANCE COMPANY, Defendant and Appellant. [Case No. 183.]

Supreme Court of Wisconsin.

February 27, 1968.

Attorney(s) appearing for the Case

For the appellant there was a brief by Foley, Capwell & Foley of Racine, and oral argument by Rex Capwell.

For the respondent Edna Allen there was a brief by Heide, Sheldon, Hartley & Thom and W. A. Sheldon, and oral argument by S. Michael Wilk, all of Kenosha.

For the respondents John H. Mayfield and Mutual Casualty Insurance Company there was a brief by Whaley & Whaley of Racine, and oral argument by John V. Whaley.

HALLOWS, C. J.

On July 27, 1963, Ross obtained a 1956 Ford from Hetland-Cook, a Ford agency in Lake Geneva, on a trial-or-purchase basis. Up to the time of the accident Ross had not paid for or returned the auto. Hardware alleges as one of its defenses that Ross did not give notice of the accident as required by the policy. But this rather limited pleading is based upon the theory that Ross was the insured under the policy for notice purposes. The policy provided...

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