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BACKHAUS v. KRUEGER

No. 84-1611.

126 Wis.2d 178 (1985)

376 N.W.2d 377

Floyd BACKHAUS, Plaintiff-Appellant, v. Rhonda L. KRUEGER, Hawkeye-Security Ins. Co., a foreign corporation, and Milwaukee Mutual Insurance Co., a domestic corporation, Defendant, Hubert J. KREUSER and the Home Insurance Company, a foreign corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided September 11, 1985.

Attorney(s) appearing for the Case

For the plaintiff-appellant, the cause was submitted on the brief of Joseph G. Doherty, of Bunk, Doherty & Griffin, S.C. of West Bend.

For the defendants-respondents, the cause was submitted on the brief of Michael L. Handley, of Handley & Britton of Brookfield.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

Floyd Backhaus appeals from a summary judgment dismissing his action against Hubert J. Kreuser and The Home Insurance Company. The trial court relied on the coemployee immunity language of sec. 102.03(2), Stats., in finding that Backhaus could not maintain this action against Kreuser and Home Insurance. We reverse because the governing insurance contract waived the statutory provision on coemployee immunity to the extent of the policy limits.

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