HERWIG v. ENERSON & EGGEN

No. 79-1474.

98 Wis.2d 38 (1980)

295 N.W.2d 201

Gary W. HERWIG, Plaintiff-Appellant, v. ENERSON & EGGEN, a partnership, Defendant and Third-Party Plaintiff-Appellant, GEHL COMPANY, a corporation, Defendant, Robert HERWIG, Sr., Third-Party Defendant, IOWA NATIONAL MUTUAL INSURANCE COMPANY, Third-Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided June 17, 1980.


Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of James C. Bohl and Quale, Hartmann, Bohl & Evenson of Baraboo.

For the defendant and third-party plaintiff-appellant the cause was submitted on the briefs of Bruce R. Rasmussen of Beaver Dam.

For the third-party defendant-respondent the cause was submitted on the brief of Ward I. Richter and Bell, Metzner & Seibold, S.C., of Madison.

Before Donlin, P.J., Foley, J., and Dean, J.


FOLEY, J.

Gary Herwig and Enerson & Eggen appeal from a judgment dismissing their causes of action against Iowa National Mutual Insurance Company, Enerson & Eggen's insurer.1 Gary Herwig was injured while operating a machine owned by Enerson & Eggen, but in the possession of his father, Robert Herwig. Iowa National denied coverage claiming that Robert Herwig had rented the machine from Enerson & Eggen and that the policy...

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