STATE FARM MUT. INS. CO. v. KELLY

No. 85-2171.

132 Wis.2d 187 (1986)

389 N.W.2d 838

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurance corporation, and John A. Milanowski, Plaintiffs-Appellants, v. Joseph M. KELLY and Home Mutual Insurance Company, a domestic insurance corporation, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided May 23, 1986.


Attorney(s) appearing for the Case

For the plaintiffs-appellants the cause was submitted on the briefs of Kasdorf, Lewis & Swietlik, S.C., with William J. Katt and Mark D. Koss of counsel, of Milwaukee.

For the defendants-respondents the cause was submitted on the briefs of Alan Shafrin, of Milwaukee.

Before Moser, P.J., Wedemeyer and Sullivan, JJ.


WEDEMEYER, J.

This case of first impression concerns the denial of liability insurance coverage to an unlicensed minor who drove his stepfather's automobile without permission. John A. Milanowski's car was struck by a car driven by Joseph M. Kelly, age fifteen. When Milanowski brought suit, the trial court determined that Kelly was not covered under his stepfather's insurance policy and granted summary judgment to the stepfather...

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