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TRAVELERS INDEMNITY CO. v. AUTO DRIVEAWAY CO.

No. 78-039.

89 Wis.2d 255 (1979)

278 N.W.2d 262

TRAVELERS INDEMNITY COMPANY, Plaintiff-Respondent, v. AUTO DRIVEAWAY COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 12, 1979.

Attorney(s) appearing for the Case

For the defendant-appellant there was oral argument by Richard S. Marcus, of Godfrey & Kahn, Milwaukee, with whom on the brief was John V. Kitzke and Nelson D. Flynn.

For the plaintiff-respondent there were briefs and oral argument by Brian J. Henderson of Riordan, Crivello, Sullivan and Carlson, of Milwaukee.

Before Decker, C.J., Cannon, J., and Robert W. Hansen, Reserve Judge.

HANSEN, J.

The facts in this case are not in dispute. Appellant, Auto Driveaway Company, is a Pennsylvania corporation whose business is obtaining drivers to transport automobiles from place to place. Respondent, Travelers Indemnity Company, is an insurance company incorporated in Connecticut. Driveaway entered into a contract with Elmore Kraemer, the insured of Travelers, to transport Kraemer's auto from Palm Springs, California,

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