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LARKIN v. JOHNSON

No. 475.

67 Wis.2d 451 (1975)

227 N. W. 2d 90

LARKIN, Plaintiff and Respondent, v. JOHNSON, Defendant: AMERICAN AUTOMOBILE ASSOCIATION and another, Defendants and Third-Party Plaintiffs and Appellants: MUTUAL SERVICE CASUALTY INSURANCE COMPANY, Third-Party Defendant and Respondent.

Supreme Court of Wisconsin.

Decided March 28, 1975.

Attorney(s) appearing for the Case

For the appellants there were briefs by Robert J. Kay and Geisler & Kay, all of Madison, and oral argument by Robert J. Kay.

For the plaintiff-respondent there was a brief by Warshafsky, Rotter & Tarnoff, S. C., attorneys, and Michael I. Tarnoff of counsel, all of Milwaukee, and oral argument by Michael I. Tarnoff.

For the defendant-respondent there was a brief by Ronald L. Piette and Hayes & Hayes, all of Milwaukee, and oral argument by Mr. Piette.

CONNOR T. HANSEN, J.

AAA is underwriter for two casualty insurance companies, one of which is the American Mutual Insurance Company of Boston, for automobile insurance. In the event a person applying for automobile insurance does not appear to qualify for insurance with either of the companies for which AAA is an underwriter, AAA's agents and employees can accept the application and submit it to an assigned risk pool.

A few days prior to March 30, 1971, Larkin...

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