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McDONNELL v. HESTNES

No. 220.

47 Wis.2d 553 (1970)

177 N.W.2d 845

McDONNELL, Plaintiff and Respondent, v. HESTNES, Defendant and Respondent: NATIONAL INDEMNITY COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided June 26, 1970.

Attorney(s) appearing for the Case

For the appellant there was a brief by Schlotthauer, Johnson & Mohs of Madison, and oral argument by Conrad H. Johnson.

For the plaintiff-respondent there was a brief by Oldenburg & Lent of Madison, and oral argument by Richard E. Lent.

For the defendant-respondent there was a brief and oral argument by John Kasimatis of Madison.

HEFFERNAN, J.

The insurance company relied upon the clause in its policy which reads:

"8. Assistance and Cooperation of the Insured: The insured shall cooperate with the Company, and upon the Company's request shall attend hearings and trials and shall assist in effecting settlements, securing and giving evidence, obtaining the attendance of witnesses and in the conduct of suits...."

This is the standard co-operation clause noted in Risjord...

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