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STROZEWSKI v. AMERICAN FAMILY MUT. INS. CO.

Nos. 81-83.

46 Wis.2d 123 (1970)

174 N.W.2d 550

STROZEWSKI, Plaintiff and Respondent, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant and Appellant: SCHOENFELD, Defendant and Respondent. KAHN (Dennis), by Guardian ad litem, and others, Plaintiffs and Respondents, v. SCHOENFELD, by Guardian ad litem, Defendant and Respondent: STROZEWSKI and others, Defendants and Third-Party Plaintiffs and Respondents: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Third-Party Defendant and Appellant. KAHN (Joseph), and others, Plaintiffs and Respondents, v. MARYLAND CASUALTY COMPANY and others, Defendants and Respondents: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided March 3, 1970.

Attorney(s) appearing for the Case

For the appellant there were briefs and oral argument by John W. Emmerling of Milwaukee.

For the respondent Gerald E. Strozewski there was a brief and oral argument by Charles Saggio of Milwaukee.

For the respondent Larry Wayne Schoenfeld there was a brief by William J. Calvano, attorney, and Anthony J. Brondino of counsel, both of Milwaukee, and oral argument by Mr. Calvano.

For the defendants third-party plaintiffs-respondents Gerald Strozewski and Maryland Casualty Company there was a brief by Prosser, Zimmermann, Wiedabach, Koppa & Lane, attorneys, and James W. Lane of counsel, all of Milwaukee, and oral argument by James W. Lane.

HEFFERNAN, J.

The briefs of the parties make it apparent that the only question on this appeal is whether, in fact, the 1954 Oldsmobile driven by Larry was a "temporary substitute automobile." "Temporary substitute automobile," as defined in the policy of insurance:

"... means an automobile or trailer while temporarily used as a substitute for the owned automobile or trailer when withdrawn from normal use because of its breakdown, repair, servicing, loss or...

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