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JONES v. PERKINS

No. 75-234.

75 Wis.2d 18 (1977)

248 N.W.2d 468

JONES and wife, Plaintiffs, v. PERKINS, and another, Defendants-Appellants and Third-Party Plaintiffs: CALL and another, Defendants: AETNA CASUALTY & SURETY COMPANY, Third-Party Defendant-Respondent.

Supreme Court of Wisconsin.

Decided January 6, 1977.

Attorney(s) appearing for the Case

For the appellants there were briefs by Pfeil & Graves of Elkhorn, and Thomas E. Greenwald of East Troy, of counsel, and oral argument by Mr. Greenwald.

For the respondent there was a brief by Joseph D. McDevitt and Borgelt, Powell, Peterson & Frauen, and oral argument by Mr. McDevitt, all of Milwaukee.

HANLEY, J.

Three issues are presented on this appeal:

1. Is the insurer entitled to summary judgment because the vehicle involved was "furnished or available for the regular use" of the insured?

2. Is the insurer entitled to summary judgment on the ground that the insurer failed to give timely notice under the policy?

3. Is the insurer collaterally estopped from challenging the apportionment of negligence...

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