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SHIPMAN v. KENOSHA UNIFIED SCHOOL DIST. NO. 1,

No. 372.

57 Wis.2d 697 (1973)

205 N.W.2d 399

SHIPMAN, by Guardian ad litem, and another, Appellants, v. KENOSHA UNIFIED SCHOOL DISTRICT No. 1 and others, Respondents.

Supreme Court of Wisconsin.

Decided March 27, 1973.

Attorney(s) appearing for the Case

For the appellants there was a brief by Cotton, Rose & Rose and William S. Rose and Terry W. Rose, all of Kenosha, and oral argument by William S. Rose.

For the respondent there was a brief by Foley & Capwell, S. C., of Racine, and oral argument by Rex Capwell and Thomas E. Greenwald of Racine.

HALLOWS, C. J.

Prior to the accident, which occurred on July 19, 1971, Employers had on January 1, 1970, issued a "combination casualty" insurance policy to the defendant school district. This policy, under the heading "Conditions," provided that no action would lie against the company until all the terms of the policy had been complied with or the amount of the insured's obligation had been determined by a judgment or by...

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