A.G. v. TRAVELERS INS. CO.

No. 82-773.

112 Wis.2d 18 (1983)

331 N.W.2d 643

A.G., infant, a minor by his Guardian ad Litem, Jill Waite, Plaintiff, v. TRAVELERS INSURANCE COMPANY, Walworth County, Walworth County Department of Social Services, Central Baptist Children's Home, State of Wisconsin, and Wisconsin Department of Health & Social Services, Defendants, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Respondent, Judy DELANEY, and Steven Delaney, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided February 22, 1983.


Attorney(s) appearing for the Case

For the defendants-appellants the cause was submitted on the brief of Thomas J. Arenz and Dennis M. Grzezinski of Frisch, Dudek and Slattery, Ltd. of Milwaukee.

For the defendant-respondent the cause was submitted on the brief of Robert G. Krohn of O'Leary & Krohn of Janesville.

Before Voss, P.J., Brown and Scott, JJ.


BROWN, J.

The broader issue in this case is whether a foster child placed in a foster home is a "resident" of that household for insurance purposes. We decide that the child can be so delineated, but it often depends on the circumstances of each case. Here, we affirm summary judgment because, under the facts of this case, the foster child was a resident of the household as a matter of law.1

Before reciting the facts, some overview...

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