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BORTZ v. MERRIMAC MUTUAL INS. CO.

No. 78-703.

92 Wis.2d 865 (1979)

286 N.W.2d 16

Norman BORTZ, by his Guardian ad Litem, Axelrod: Norman G. BORTZ, and another, Plaintiffs, v. MERRIMAC MUTUAL INSURANCE COMPANY, Defendant-Respondent: THRESHERMEN'S MUTUAL INSURANCE COMPANY, Defendant-Respondent: SCHMIDT, and others, Defendants: UNITED BENEFIT INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 26, 1979.

Attorney(s) appearing for the Case

For the defendants and co-appellants the cause was submitted on the brief of Frederick J. Wagner, Karen A. Mercer and Wagner and Mercer of Baraboo.

For the defendant and appellant United Benefit Insurance Company the cause was submitted on the briefs of Richard P. Ruh, Schlotthauer, Johnson, Mohs, MacDonald & Widder, of Madison.

For the respondents the cause was submitted on the brief of Raymond R. Colwin and Colwin, Fortune, Colwin & Pomeroy, S.C., of Fond du Lac.

Before Gartzke, P.J., Bablitch, J. and Dykman, J.

GARTZKE, P.J.

This matter is before us on an appeal from an order of the circuit court denying a motion to strike defenses and denying an alternative motion for summary judgment. We affirm.

The issues are:

1. Is the appeal of United Benefit Life Insurance Company moot?

2. Does sec. 632.25, Stats., which limits the effect of "conditions" in an employer's liability policy, apply to "exclusions" from...

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