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SMITH v. NATIONAL INDEMNITY CO.

No. 255.

57 Wis.2d 706 (1973)

205 N.W.2d 365

SMITH, by Guardian ad litem, and another, Plaintiffs and Respondents, v. NATIONAL INDEMNITY COMPANY, Defendant and Appellant: HARTFORD ACCIDENT & INDEMNITY COMPANY and another, Defendants and Third-Party Plaintiffs and Respondents: DOERING RENT-A-CAR, INC., Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided March 27, 1973.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of deVries, Vlasak & Schallert of Milwaukee.

For the respondents Hartford Accident & Indemnity Company and Francis Craig Zeches, the cause was submitted on the brief of Prosser, Wiedabach, Koppa, Lane & Quale, S. C., attorneys, and D. M. Quale of counsel, all of Milwaukee.

Submitted under sec. (Rule) 251.54 March 1, 1973.

HALLOWS, C. J.

The issue raised is whether the omnibus coverage statute applies to the insurance policy of National Indemnity; and if so, whether the limits of liability afforded the named insured must be extended to the renters of the cars. The policy issued by National Indemnity is a combination automobile policy in somewhat standard form, with $10,000/$20,000 limits. In its printed form, it expressly excluded...

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