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LAWVER v. BOLING

No. 548 (1974).

71 Wis.2d 408 (1976)

238 N.W.2d 514

LAWYER, Plaintiff-Respondent, v. BOLING and another, Defendants-Respondents: CUMIS INSURANCE SOCIETY, INC., Defendant-Appellant.

Supreme Court of Wisconsin.

Decided February 19, 1976.

Attorney(s) appearing for the Case

For the appellant there was a brief by L. E. Sheehan and Moen, Sheehan & Meyer, Ltd. of La Crosse.

For the plaintiff-respondent James H. Lawver there was a brief by Frederic J. Berns, and Tarrant, Mattka & Robertson, all of Whitehall.

For the defendant-respondent Clarence E. Boling there was a brief by LaVerne Michalak, and Kulig, Luethi & Michalak, all of Independence.

For the defendant-respondent Homestead Mutual Insurance Co. there was a brief by Ruth J. Weber, and Byrne, Bubolz & Spangel, all of Appleton.

BEILFUSS, J.

The broad issues on this appeal are whether the trial court abused its discretion in denying summary judgment to Cumis and granting summary judgment to Homestead. The underlying question, however, is whether either or both of the policies here involved provide coverage for this accident. The resolution of the coverage question requires a construction and application of particular provisions contained in those policies. In considering motions for summary...

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