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IOWA NAT. MUT. INS. CO. v. LIBERTY MUT. I. CO.

No. 352.

43 Wis.2d 280 (1969)

168 N.W.2d 610

IOWA NATIONAL MUTUAL INSURANCE COMPANY, Appellant, v. LIBERTY MUTUAL INSURANCE COMPANY and another, Respondents.

Supreme Court of Wisconsin.

Decided June 27, 1969.

Attorney(s) appearing for the Case

For the appellant there was a brief by Block & Summers, attorneys, and Richard E. Rosenberg of counsel, all of Janesville, and oral argument by Mr. Rosenberg.

For the respondents there was a brief by Kenney, Korf & Pfeil of East Troy, and oral argument by Francis J. Korf.

HALLOWS, C. J.

A demurrer to a complaint for declaratory relief is a proper pleading to raise the question of whether there exists a justiciable issue. Boerschinger v. Elkay Enterprises, Inc. (1965), 26 Wis.2d 102, 132 N.W.2d 258, 133 N.W.2d 333. The admission of facts by the demurrer is to test the sufficiency of the complaint not to settle facts as a verity or as a basis for...

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