AMERY MOTOR CO. v. COREY

No. 65.

46 Wis.2d 291 (1970)

174 N.W.2d 540

AMERY MOTOR COMPANY and others, Plaintiffs, v. COREY and others, Defendants and Third-Party Plaintiffs and Appellants: INDIANHEAD TRUCK LINE, INC., Defendant: UNLIMITED OPPORTUNITIES, INC., and others, Third-Party Defendants and Appellants: AGRICULTURAL INSURANCE COMPANY and others, Third-Party Defendants and Respondents.

Supreme Court of Wisconsin.

Decided March 6, 1970.


Attorney(s) appearing for the Case

For the appellants there were briefs by Tinkham, Smith, Bliss & Patterson of Wausau, for Warren W. Corey, S & F Petroleum Company, Unlimited Opportunities, Inc., V. S. Stenseng, and E. W. Fierke, Jr., and by Anderson, Davis, Witkin & Fredrickson of Superior, for Cities Service Oil Company, attorneys, and Albertson, Norton, Jergens & Gunderson of Stillwater, Minnesota, and Louis G. Nagler of Balsam Lake, of counsel, and oral argument by Richard P. Tinkham.

For the respondents there were briefs by Doar, Drill & Norman of New Richmond, and oral argument by W. T. Doar, Jr.


HALLOWS, C. J.

While this appeal was en route, this court decided Lukaszewicz v. Concrete Research, Inc. (1969), 43 Wis.2d 335, 168 N.W.2d 581, which rendered much of the material in the main briefs immaterial. In Lukaszewicz we held invalid as contrary to the public policy expressed in the omnibus statute, sec. 204.30 (3), Stats., a limitation of the additional insured's interest...

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