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TERRY v. MONGIN INS. AGENCY

No. 80-976.

102 Wis.2d 239 (1981)

306 N.W.2d 270

Barbara TERRY, Plaintiff-Co-Appellant, v. MONGIN INSURANCE AGENCY and Utica Mutual Insurance Company, Defendants-Appellants, Phillip G. WADZINSKI, Pecard Chemical Company, Valerie A. Winquist, Beth A. Boyer, Employers Mutual Casualty Company, and Security Mutual Casualty Company, Defendants-Co-Appellants, Joan A. JOHNS, Defendant, ECONOMY FIRE & CASUALTY COMPANY, Defendant-Respondent, ASSOCIATED HOSPITAL SERVICES, INC., Intervening Plaintiff.

Court of Appeals of Wisconsin.

Decided April 14, 1981.

Attorney(s) appearing for the Case

For the defendants-appellants there was a brief by James J. Hinchey, Jr. and Everson, Whitney, Everson, Brehm & Pfankuch, S.C., of Green Bay.

For the defendants-co-appellants, Phillip G. Wadzinski, Pecard Chemical Company, Valerie A. Winquist and Employers Mutual Casualty Company, the cause was submitted on the briefs of Philip A. Munroe and Di Renzo and Bomier of Neenah.

For the defendant-respondent the cause was submitted on the brief of F. F. Kaftan and Kaftan, Kaftan, Kaftan, Van Egeren, Ostrow & Gilson, S.C., of Green Bay.

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

DEAN, J.

Barbara Terry appeals the circuit court summary judgment dismissing her complaint against Economy Fire and Casualty Company seeking a determination of insurance coverage for her automobile accident. Terry argues that the binder Economy issued to her required a ten-day notice of cancellation as provided in sec. 631.36(2) (c), Stats.,1 and therefore coverage was still in effect when she had her accident. Because this binder incorporated...

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