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COLLICOTT v. ECONOMY FIRE & CASUALTY CO.

No. 384.

68 Wis.2d 115 (1975)

227 N. W. 2d 668

COLLICOTT and another, Respondents, v. ECONOMY FIRE & CASUALTY COMPANY, Appellant.

Supreme Court of Wisconsin.

Decided April 10, 1975.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of Wickhem, Consigny, Sedor, Andrews & Hemming, S. C. of Janesville.

For the respondents the cause was submitted on the brief of Nowlan, Mouat, Lovejoy, Wood & Cripe, attorneys, and Richard E. Rosenberg of counsel, all of Janesville.

Submitted under sec. (Rule) 251.54 March 6, 1975.

HANLEY, J.

Three issues are presented upon this appeal:

1. Is arbitration a condition precedent to suit under the terms of the uninsured motorist coverage of the insurance contract and the statutes of the state of Wisconsin?

2. Was arbitration waived by the appellant insurance company?

3. Must plaintiffs show they qualify for uninsured motorist coverage by establishing absence of other...

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