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SCHULTZ v. TOBIN

No. 302.

47 Wis.2d 230 (1970)

177 N.W.2d 128

SCHULTZ, by Guardian ad litem, and others, Plaintiffs and Respondents, v. TOBIN, Defendant and Respondent: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Defendant and Third-Party Plaintiff and Appellant: CLASSIFIED INSURANCE CORPORATION, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided June 2, 1970.

Attorney(s) appearing for the Case

For the appellant Mutual Service Casualty Insurance Company there were briefs and oral argument by Clarence V. Olson of Ashland.

There was a brief for the plaintiffs-respondents by Pray, Pray & Clark of Ashland; for the defendant-respondent Martin J. Tobin by Elizabeth Hawkes of Washburn; for the defendant-respondent Classified Insurance Corporation by Gwin, Fetzner, Richards & Skow of Hudson; and oral argument by Dale R. Clark and John W. Fetzner.

CONNOR T. HANSEN, J.

The litigation arises out of a truck-automobile collision which occurred on May 24, 1969, in Ashland county, Wisconsin.

The issue presented concerns appellant's insurance policy issued to Donald Santama, the owner of the truck, which contained the standard provision with respect to permission as prescribed by sec. 204.30, Stats.:

"Accident insurance, highway traffic, policy provisions...

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