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PYYKOLA v. WOODY

No. 219.

52 Wis.2d 342 (1971)

190 N.W.2d 534

PYYKOLA, Appellant, v. WOODY, Defendant: EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, Respondent.

Supreme Court of Wisconsin.

Decided October 8, 1971.

Attorney(s) appearing for the Case

For the appellant there was a brief by Davis, Witkin, Fredrickson, Foley & Weiby of Superior, and oral argument by John L. Davis.

For the respondent there was a brief by Genrich, Terwilliger, Wakeen, Piehler & Conway of Wausau, and oral argument by Herbert Terwilliger.

BEILFUSS, J.

There is one issue presented:

Is the insurance clause relied upon by the defendant insurance company which purports to exclude from coverage a fellow employee of plaintiff-appellant repugnant to sec. 204.30(3), Stats.?

The relevant exclusionary clause in the insurance policy is:

"II. Persons Insured

". . .

"None of the following is an insured:

"(i...

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