AMERICAN FAMILY INS. CO. v. MILWAUKEE

Nos. 87-2268, 88-0260.

148 Wis.2d 280 (1988)

435 N.W.2d 280

AMERICAN FAMILY MUTUAL INSURANCE COMPANY, a domestic corporation, Plaintiff-Respondent and Cross-Respondent, v. CITY OF MILWAUKEE, a municipal corporation, Defendant-Appellant, Vernon L. MOSLEY, Defendant-Respondent and Cross-Appellant. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Respondent, v. CITY OF MILWAUKEE, Defendant-Appellant, Patricia K. STANZER, Defendant.

Court of Appeals of Wisconsin.

Decided December 21, 1988.


Attorney(s) appearing for the Case

For the plaintiff-respondent-cross-respondent American Family Mutual Insurance Company, the cause was submitted on the briefs of Simarski & Stack, Ltd. by Wayne M. Yankala, of Milwaukee.

For the defendant-appellant City of Milwaukee, the cause was submitted on the briefs of Grant F. Langley, city attorney, with Joseph H. McGinn and Maurita Houren, assistant city attorneys, of Milwaukee.

For the defendant-respondent-cross-appellant, Vernon L. Mosley, the cause was submitted on the briefs of Previant, Goldberg, Uelmen, Gratz, Miller & Brueggeman, S.C., by Dean M. Horwitz and Hope K. Olson, of Milwaukee.

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


SULLIVAN, J.

The court of appeals consolidated case no. 87-2268 and case no. 88-0260 for appeal because both cases involve appellate review of the trial court determination that sec. 66.189, stats., requires the city to provide uninsured motorist coverage. See sec. 809.10(3), Stats. In case no. 87-2268, the City of Milwaukee (City) appeals from a declaratory judgment (1) denying its motion to dismiss American Family Mutual Insurance Company's (American Family...

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