No. 75-629.

80 Wis.2d 321 (1977)

259 N.W.2d 70

JONES, Plaintiff-Respondent, v. SEARS ROEBUCK & COMPANY, and others, Defendants and Third-Party Plaintiffs-Respondents: MALSACK & SONS AUTO SALVAGE, Third-Party Defendant-Respondent: WESTERN CASUALTY & SURETY COMPANY, Third-Party Defendant-Appellant.

Supreme Court of Wisconsin.

Decided November 1, 1977.

Attorney(s) appearing for the Case

For the appellant the cause was submitted on the brief of S. Michael Wilk and Heide, Sheldon, Hartley, Thom & Wilk of Kenosha.

For respondents Sears Roebuck & Co., Globe-Union, Inc., and Employers Insurance of Wausau, the cause was submitted on the brief of Foley & Capwell, S. C. of Racine.


The issue in the case involves liability coverage under an insurance policy. The question to be determined is whether the trial court committed error in denying Western's motion for summary judgment.

[1, 2]

Summary judgment is frequently used by defendant insurers to raise the question of whether the policy issued to the insured covers the injuries, damages or liabilities alleged....

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