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TOMLIN v. STATE FARM MUT. AUTO. INS. CO.

No. 77-357.

95 Wis.2d 215 (1980)

290 N.W.2d 285

Edwin A. TOMLIN and Sonia Tomlin, Plaintiffs-Appellants, v. STATE FARM MUTUAL AUTOMOBILE LIABILITY INSURANCE COMPANY, a foreign corporation, Defendant-Respondent, and Gregory James Glessner, James R. Glessner and Lois Glessner, Defendants.

Supreme Court of Wisconsin.

Decided April 1, 1980.

Attorney(s) appearing for the Case

For the appellants the cause was submitted on the briefs of Brennan, Steil, Ryan, Basting & MacDougall, S.C., of Janesville.

For the respondent the cause was submitted on the brief of Kenneth W. Forbeck and O'Neal, Noll, Elliott, Donovan, Lussow & Forbeck, S.C., of Beloit.

CONNOR T. HANSEN, J.

This case involves the question of whether Tomlin's injuries were "caused by accident arising out of the ownership, maintenance or use, including loading or unloading, of the owned motor vehicle," as provided by the terms of an automobile liability insurance policy issued by State Farm.

The significant facts are undisputed and tragic. The pleadings, affidavits and depositions filed in the summary...

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