SHELLEY v. MOIR

No. 86-0984.

138 Wis.2d 218 (1987)

405 N.W.2d 737

Evelyn SHELLEY and Department of Health & Social Services, State of Wisconsin, Plaintiffs, v. Berta MOIR and Fire Insurance Exchange, Realty Management Corporation, a Wisconsin corporation, Guy D. Realtors, Inc., a/k/a Realty World, a Wisconsin corporation, and ABC Insurance Company, Defendants. Berta MOIR and Farmers Insurance Exchange, Defendants and Third-Party Plaintiffs-Appellants, v. EVANSTON INSURANCE COMPANY, a foreign insurance corporation, Third-Party Defendant-Respondent, REALTY MANAGEMENT CORPORATION, a Wisconsin corporation, Gabriele Nudo, Admiral Insurance Company, a foreign insurance corporation, The Travelers Indemnity Company, a foreign insurance corporation, and DEF Insurance Company, an insurance corporation, Third-Party Defendants.

Court of Appeals of Wisconsin.

Decided March 18, 1987.


Attorney(s) appearing for the Case

For the defendants and third-party plaintiffs-appellants the cause was submitted on the briefs of Douglas J. Carroll of Arnold, Murray, O'Neill & Schimmel of Milwaukee.

For the third-party defendant-respondent the cause was submitted on the Roger L. Wiedeback and Dorothy H. Dey of Prosser, Wiedabach & Quale, S.C. of Milwaukee.

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


BROWN, P.J.

Berta Moir and Farmers Insurance Exchange (Moir) appeal from the judgment dismissing their third-party complaint as to one of the third-party defendants, Evanston Insurance Company. The trial court held that Moir's claim arose out of a bodily injury and thus fell within an exclusion in the Evanston policy. We affirm, recognizing that Moir's claim is distinguishable from that of her injured tenant but holding that nonetheless it arose out of a bodily injury...

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