OLSEN v. MOORE

Nos. 119-123.

56 Wis.2d 340 (1972)

202 N.W.2d 236

OLSEN, Plaintiff and Appellant, v. MOORE and others, Defendants and Respondents: JANIKOWSKI and another, Defendants. URBAN and husband, Plaintiffs and Appellants, v. BADGER STATE MUTUAL CASUALTY COMPANY and others, Defendants and Respondents: RAUWALD and another, Defendants: CHARLES MAIER & SON COMPANY, Impleaded Defendant and Respondent. BORMAN, Individually and as Administratrix, Plaintiff and Appellant, v. MOORE and others, Defendants and Respondents: JANIKOWSKI and another, Defendants. JANIKOWSKI, Plaintiff and Appellant, v. MOORE and another, Defendants and Respondents. RAUWALD, Plaintiff and Appellant, v. BADGER STATE MUTUAL CASUALTY COMPANY and another, Defendants and Respondents.

Supreme Court of Wisconsin.

Decided November 28, 1972.


Attorney(s) appearing for the Case

For the appellants there was a brief by Erbstoeszer, Cleary & Zabel of Milwaukee, attorneys for Gordon Olsen, Ray T. McCann of Milwaukee, attorney for Betty M. Urban and Earle H. Urban, Leonard L. Loeb of Milwaukee, of counsel, Dahms & Brewer of Oconomowoc, attorneys for Betty L. Bormann, Herro, Snyder, Chapman & Snyder of Oconomowoc, attorneys for Bruno Janikowski, and Gibbs, Roper & Fifield of Milwaukee, attorneys for Nancy L. Rauwald, and oral argument for Gordon Olsen by Patrick T. McMahon of Milwaukee.

For the defendants-respondents Thomas Moore and Badger State Mutual Casualty Company there was a brief by Borgelt, Powell, Peterson & Frauen, attorneys, and Kurt H. Frauen and Richard D. Hicks of counsel, all of Milwaukee, and oral argument for defendant-respondent Badger State Mutual Casualty Company by Kurt H. Frauen.

For the defendant-respondent Charles Maier & Son Company there was a brief by Arnold, Murray & O'Neill of Milwaukee, and oral argument by James T. Murray.


WILKIE, J.

Two issues are raised on this appeal:

1. Was the impact between the Moore automobile and the Rauwald automobile a separate "occurrence" from the impact between the Moore and Janikowski autos within the terms of the policy of insurance?

2. As a matter of law, was Thomas Moore acting within the scope of his employment at the time of this incident?

1. One v. two "occurrences." The contract of insurance issued by Badger State...

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