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VIDMAR v. AMERICAN FAMILY MUT. INS. CO.

No. 80-410.

99 Wis.2d 398 (1980)

299 N.W.2d 288

Robert VIDMAR, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a Wisconsin corporation, Defendant-Respondent, Ruby MITCHELL, National Indemnity Company, a foreign corporation, City of Milwaukee, a municipal corporation, Defendants.

Court of Appeals of Wisconsin.

Decided October 24, 1980.

Attorney(s) appearing for the Case

For the appellant, the cause was submitted on the briefs of Patrick O. Dunphy and Habush, Habush & Davis, S.C., of Milwaukee.

For the respondent, the cause was submitted on the brief of Richard S. Baker and Borgelt, Powell, Peterson & Frauen, S.C., of Milwaukee.

Before Decker, C.J., Moser, P.J., and Scott, J.

DECKER, C.J.

The issue on appeal is whether an automobile liability policy endorsement can exclude from uninsured motorist coverage, liability for an insured's injury sustained while occupying a non-owned vehicle in the course of his employment. We hold that it cannot and reverse the judgment of the trial court.

Robert Vidmar's automobile liability policy issued to him by American Family Mutual Insurance Company, contained an endorsement excluding coverage...

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