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RAUCH v. AMERICAN FAM. INS. CO.

No. 82-348.

115 Wis.2d 257 (1983)

340 N.W.2d 478

Randolph A. RAUCH, Plaintiff-Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, a domestic corporation; Daniel E. Klatt; Fond du Lac County Department of Social Services, a subdivision of Fond du Lac County; Blue Cross-Blue Shield United of Wisconsin, a domestic corporation, Defendants-Respondents-Petitioners. Jo Ann FICK, Guardian for Shirley A. Port, and Shirley A. Port, Incompetent, Plaintiff-Appellant, v. AMERICAN FAMILY INSURANCE COMPANY, a foreign corporation; Daniel E. Klatt; Sheboygan County Welfare Department a/k/a Sheboygan County Department of Social Services, a subdivision of Sheboygan County, a municipal corporation, et al., Defendants-Respondents-Petitioners.

Supreme Court of Wisconsin.

Decided November 30, 1983.

Attorney(s) appearing for the Case

For the defendants-respondents-petitioners there was a brief by Paul L. Axel and Axel & Humke, S.C., Sheboygan, and oral argument by Paul L. Axel.

For the plaintiffs-appellants there was a joint brief by Jerald P. Donohue and Donohue & Donohue, S.C., Fond du Lac, and William W. Moir, III, and Miller, Hayes, Werner & Moir, S.C., Sheboygan, and oral argument by Jerald P. Donohue.

DAY, J.

This is a review of an unpublished decision of the court of appeals reversing a judgment of the Circuit Court for Fond du Lac County, Honorable Henry B. Buslee, Circuit Judge, dismissing the plaintiffs' complaint against an automobile liability insurer. The issue is whether third parties are precluded from recovering against an automobile liability insurance carrier because of misrepresentations made in the application for insurance as to exclusive use by...

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