No. 134.

56 Wis.2d 479 (1972)

202 N.W.2d 1

DUVENECK, Guardian ad litem, and another, Plaintiffs and Respondents, v. WESTERN CASUALTY & SURETY COMPANY and others, Defendants and Respondents: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Defendant and Appellant.

Supreme Court of Wisconsin.

Decided November 28, 1972.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Lontkowski & Lontkowski of Green Bay.

For the plaintiffs-respondents the cause was submitted on the brief of Robert P. Stebbins of Green Bay.

For the defendants-respondents The Western Casualty & Surety Company and Robert A. Saharsky the cause was submitted on the brief of Richard J. Gould of Green Bay, and for the defendant-respondent Rural Casualty Insurance Company on the brief of Denissen, Kranzush, Stodola & Mahoney of Green Bay.


The appellant, Mutual Service, has not contested the right of the court to reconsider its first decision on the motion for summary judgment nor the procedure used. The issue, therefore, can be stated as follows:

Did the trial court abuse its discretion in denying the motion for summary judgment?

The appellant, Mutual Service, contends that because Darel Tielens did not have permission to use the Van Den Plas vehicle there is no liability...

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