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DAHM v. EMPLOYERS MUT. LIABILITY INS. CO.

No. 150 (1974).

74 Wis.2d 123 (1976)

246 N.W.2d 131

DAHM, and another, Appellants, v. EMPLOYERS MUTUAL LIABILITY INSURANCE COMPANY OF WISCONSIN, and another, Respondents.

Supreme Court of Wisconsin.

Decided October 19, 1976.

Attorney(s) appearing for the Case

For the appellants there was a brief in support of motion for rehearing by Albert J. Goldberg and Goldberg, Previant & Uelmen, S. C. of Milwaukee, and oral argument by Albert J. Goldberg.

For the respondents there was a brief in opposition to motion for rehearing by law office, C. Donald Straub, and oral argument by Robert S. Schuch, all of Milwaukee.

HANLEY, J.

Two issues are raised on this appeal:

1. Is the exclusionary clause relied upon by the defendant insurance company which purports to exclude from coverage a fellow employee of the plaintiffappellant contrary to public policy and sec. 204.34 (4), Stats., and therefore invalid?

2. Is the exclusionary clause invalid because the policy format did not comply with sec. 204.34 (5), Stats.?

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