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ROESKE v. DIEFENBACH

Nos. 75-36, 75-37.

75 Wis.2d 253 (1977)

249 N.W.2d 555

ROESKE, and another, Plaintiffs-Respondents, v. DIEFENBACH, and another, Defendants-Respondents: STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant and Third-Party Plaintiff-Appellant: BAUER BUICK COMPANY, Third-Party Defendant-Respondent. RABBE, Plaintiff-Respondent, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, Defendant-Appellant: DIEFENBACH, and others, Defendants-Respondents.

Supreme Court of Wisconsin.

Decided January 18, 1977.

Attorney(s) appearing for the Case

For defendant-appellant and cross-respondent, State Farm Mutual Automobile Insurance Company, there were briefs by John M. Swietlik and Kasdorf, Dall, Lewis & Swietlik, and oral argument by John M. Swietlik, all of Milwaukee.

For defendants-appellants, Joseph G. Diefenbach, Aetna Insurance Company and third-party defendantrespondent, Bauer Buick Company, there were briefs by Kluwin, Dunphy, Hankin & McNulty and oral argument by Mark A. Swartz, all of Milwaukee.

For plaintiffs-respondents, Charles Roeske, Joanne Roeske and Cheryl Anne Rabbe, there was a brief by John A. Fiorenza, Dominic S. Amato and Teper, Fiorenza, Weiss & Teper, S. C., and oral argument by Mr. Amato, all of Milwaukee.

HEFFERNAN, J.

The appeal and cross-appeal are from an interlocutory judgment which determined the question of insurance coverage prior to a trial on the merits of the case.

The July 4, 1971, accident which underlies this appeal involved a single vehicle, a 1971 Buick Electra driven by Joseph Diefenbach, who had earlier, on May 26, 1971, entered into a lease agreement with Bauer Buick Company. Passengers in the car sustained injuries. The judgment appealed...

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