AMERICAN M.L. INS. CO. v. ST. P. F. & M. INS. CO.

No. 185.

48 Wis.2d 305 (1970)

179 N.W.2d 864

AMERICAN MUTUAL LIABILITY INSURANCE COMPANY, Appellant, v. ST. PAUL FIRE & MARINE INSURANCE COMPANY, Respondent.

Supreme Court of Wisconsin.

Decided October 9, 1970.


Attorney(s) appearing for the Case

For the appellant there was a brief by Gibbs, Roper & Fifield, and oral argument by John R. Hoaglund, Jr., all of Milwaukee.

For the respondent there was a brief by Wickham, Borgelt, Skogstad & Powell, attorneys, and Robert C. Watson of counsel, all of Milwaukee, and oral argument by Mr. Watson.


HEFFERNAN, J.

We conclude that the circuit judge erred in granting judgment to the defendant. For summary judgment to be granted to a defendant, the affidavits offered in support of the defendant's motion must contain facts which, if uncontested, are sufficient to show that the plaintiff's claim has no merit. It is therefore incumbent upon the trial court to address itself to the question of whether the evidentiary facts set forth in the movant's affidavits are sufficient...

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