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MILLS v. WISCONSIN MUT.INS CO.

No. 87-1474.

145 Wis.2d 472 (1988)

427 N.W.2d 397

Christopher S. MILLS, Plaintiff-Respondent-Cross Appellant, v. WISCONSIN MUTUAL INSURANCE COMPANY, Defendant-Appellant-Cross-Respondent, ECONOMY FIRE & CASUALTY COMPANY, Defendant-Cross Respondent, Michael R. WINTZ, Robert Wintz and Sandy Wintz, Defendants.

Court of Appeals of Wisconsin.

Decided June 9, 1988.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Richard J. Ward of Stern & Skiles, of Madison.

For the plaintiff-respondent-cross appellant the cause was submitted on the brief of Daniel T. Flaherty and Jeffrey C. Mochalski, of Johns & Flaherty, S.C., of La Crosse.

For the defendant-cross respondent the cause was submitted on the brief of G. Jeffrey George, of Steele, Klos & Flynn, Chartered, of La Crosse.

Brief of amicus curiae was filed by Robert J. Kasieta of Bell, Metzner & Gierhart, S.C., of Madison, on behalf of Wisconsin Insurance Alliance.

Before Gartzke, P.J., Dykman and Sundby, JJ.

SUNDBY, J.

In the one-car accident which is the subject of this action, Christopher Mills was injured while riding as a passenger in his father's car. The car was operated, with permission, by his seventeen-year old friend, Michael Wintz.

There were in effect at the time of the accident a motor vehicle insurance policy issued to Christopher's father, Charles Mills, by Wisconsin Mutual Insurance Company, and a motor vehicle insurance policy issued by Economy...

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