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HOLMGREN v. STREBIG

Nos. 77-79.

54 Wis.2d 590 (1972)

196 N.W.2d 655

HOLMGREN (Emily), Individually and as Trustee, Plaintiff, v. STREBIG and another, Defendants and Third-Party Plaintiffs and Appellants: WESTERN CASUALTY & SURETY COMPANY and another, Third-Party Defendants and Respondents. HOLMGREN (Shirley), Individually and as Trustee, Plaintiff, v. STREBIG and another, Defendants and Third-Party Plaintiffs and Appellants: WESTERN CASUALTY & SURETY COMPANY and another, Third-Party Defendants and Respondents. ROWLEY, Individually and as Trustee, Plaintiff, v. STREBIG and another, Defendants and Third-Party Plaintiffs and Appellants: WESTERN CASUALTY & SURETY COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided May 4, 1972.

Attorney(s) appearing for the Case

For the defendants and third-party plaintiffs-appellants there were briefs by George A. Richards and Tinkham, Smith, Bliss & Patterson, all of Wausau, and oral argument by Richard P. Tinkham.

For the respondent Western Casualty & Surety Company there was a brief and oral argument by Dennis C. Bailey of Spooner.

For the plaintiffs Emily Holmgren and Shirley Holmgren there was a brief by Garvey, O'Brien & Anderson, and oral argument by Richard J. Kelly, all of Eau Claire.

HEFFERNAN, J.

The coverage and pertinent exclusion clauses of Western's liability policy follow:

"The Western will pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of

"C. bodily injury or

"D. property damage

to which this insurance applies, caused by an occurrence and arising out of the ownership, maintenance or use . . . of any automobile . . . .

"Exclusions

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