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KOMOROWSKI v. KOZICKI

Nos. 126, 127.

45 Wis.2d 95 (1969)

172 N.W.2d 329

KOMOROWSKI, Plaintiff, v. KOZICKI and others, Defendants and Third-Party Plaintiffs and Respondents: WICKES LUMBER COMPANY and others, Third-Party Defendants and Respondents: HARTFORD ACCIDENT & INDEMNITY COMPANY, Third-Party Defendant and Appellant. NEERDAELS, by Guardian ad litem, and others, Plaintiffs and Respondents, v. KOZICKI and others, Defendants and Respondents: HARTFORD ACCIDENT & INDEMNITY COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided December 2, 1969.

Attorney(s) appearing for the Case

For the appellant there were briefs by Welsh, Trowbridge, Bills, Planert & Gould, and oral argument by Vance M. Waggoner, all of Green Bay.

For the respondents Ralph Kozicki, Edward Kozicki, and Roman Kozicki, d/b/a Kozicki Brothers Construction Company, there was a brief by Denissen, Kranzush, Stodola & Mahoney of Green Bay, and oral argument by Shannon D. Mahoney.

HANLEY, J.

The sole issue raised upon this appeal is whether the acts of the appellant's insured, which allegedly caused the injuries complained, of, constituted acts of "loading or unloading" and were within the coverage of the policy.

It is of paramount importance in these cases to note that the causal negligence of the appellant's insured (i.e., the negligence of Donald Kittell) has not as yet been determined and that in determining the appellant...

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