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SAHLOFF v. WESTERN CASUALTY & SURETY CO.

No. 2.

45 Wis.2d 60 (1969)

171 N.W.2d 914

SAHLOFF (Raymond A.), individually and as special administrator of the estate of Martha Agnes Sahloff, deceased, Respondent, v. WESTERN CASUALTY & SURETY COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided November 25, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Aberg, Bell, Blake & Metzner of Madison, and oral argument by Carroll E. Metzner.

For the respondent there was a brief by Ross, Stevens, Pick & Spohn, attorneys, and Richard C. Glesner and Raymond L. Hoel of counsel, all of Madison, and oral argument by Mr. Glesner and Mr. Frank A. Ross, Jr.

HALLOWS, C. J.

On an appeal from the overruling of a demurrer, we are confined to the facts stated in the complaint. The complaint alleged the plaintiff's policy of insurance issued by Western Casualty contained an endorsement protecting him against damages for bodily injury caused by the operator of an uninsured automobile; that this endorsement provided settlement by arbitration and this provision had been expressly waived by the defendant.

The plaintiff...

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