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RICE v. ZURICH INSURANCE COMPANY, INC.

No. 228.

58 Wis.2d 721 (1973)

206 N.W.2d 620

RICE, by Guardian ad litem, and another, Appellants, v. ZURICH INSURANCE COMPANY, INC., and others, Respondents.

Supreme Court of Wisconsin.

Decided May 1, 1973.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the brief of Larry W. Rader of Wausau.

For the respondents the cause was submitted on the brief of Tinkham, Smith, Bliss & Patterson of Wausau.

PER CURIAM.

The complaint attempted to set forth two causes of action, one in tort and one in contract for the insurance company's failure to settle as it had allegedly agreed to do. Defendants demurred on the ground that two causes of action were improperly joined and that the second cause of action failed to state facts upon which relief could be granted. The trial judge sustained the demurrer on the first ground and withheld a ruling on the second ground of the...

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