WILLMS v. ZANGL

Nos. 83-869, 83-870, 83-871.

119 Wis.2d 58 (1984)

349 N.W.2d 95

Cheryl WILLMS, Special Administrator of the Estate of Brooke Dwight Tibbs, Deceased, Plaintiff-Respondent, v. Mark L. ZANGL, Defendant-Respondent, HERITAGE MUTUAL INSURANCE COMPANY, a Wisconsin insurance corporation, Defendant and Third-Party Plaintiff-Appellant, HARTFORD ACCIDENT & INDEMNITY COMPANY, a foreign insurance corporation; Tower Insurance Company, Inc., a domestic insurance corporation; Town of Lake Tomahawk, a municipal body politic of Oneida County, State of Wisconsin; and Oneida County, a body politic of the State of Wisconsin, Third-Party Defendants. Richard C. COFFEN and Lorraine Coffen, Plaintiffs-Respondents, v. Mark L. ZANGL, Defendant-Respondent, HERITAGE MUTUAL INSURANCE COMPANY, a Wisconsin insurance corporation, Defendant and Third-Party Plaintiff-Appellant, HARTFORD ACCIDENT & INDEMNITY COMPANY, a foreign insurance corporation; Tower Insurance Company, Inc., a domestic insurance corporation; Town of Lake Tomahawk, a municipal body politic of Oneida County, State of Wisconsin; and Oneida County, a body politic of the State of Wisconsin, Third-Party Defendants. John LANGREN, Guardian ad Litem for David E. Langren, Minor, Plaintiff-Respondent, v. Mark L. ZANGL, Defendant-Respondent, HERITAGE MUTUAL INSURANCE COMPANY, a Wisconsin insurance corporation, Defendant and Third-Party Plaintiff-Appellant, HARTFORD ACCIDENT & INDEMNITY COMPANY, a foreign insurance corporation; Tower Insurance Company, Inc., a domestic insurance corporation; Town of Lake Tomahawk, a municipal body politic of Oneida County, State of Wisconsin; and Oneida County, a body politic of the State of Wisconsin, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided April 24, 1984.


Attorney(s) appearing for the Case

For the appellant the cause was submitted on the briefs of DeBardeleben & Snyder of Park Falls.

For the respondent, Cheryl Willms, the cause was submitted on the brief of Todd R. McEldowney and O'Melia, Eckert & Assoc., S.C., of Rhinelander.

Before Foley, P.J., Dean and Cane, JJ.


FOLEY, P.J.

Heritage Mutual Insurance Company appeals summary judgments for the plaintiffs for their damages from a car accident, and for Mark Zangl for his attorney fees in defending the actions. Heritage refused to represent Zangl and denied the plaintiffs' claims because its named insured had misrepresented to Heritage that he, rather than Zangl, was the owner of the car. Because this misrepresentation is not a defense to the plaintiffs' claims, we affirm their...

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