SMITH v. KELLER

No. 88-1568.

151 Wis.2d 264 (1989)

444 N.W.2d 396

Grant SMITH, Plaintiff-Respondent, v. Samuel A. KELLER, a/k/a Ray Keller, and State Farm Fire & Casualty Company, Defendants-Respondents-Co-Appellants, EMPLOYER'S HEALTH INSURANCE COMPANY, Defendant-Respondent, STATE FARM FIRE & CASUALTY COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided June 7, 1989.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, State Farm Fire & Casualty Company, the cause was submitted on the briefs of Penelope D. Hillemann and Sean N. Duffey of Schulz, Schapekahm & Eiche, S.C. of Milwaukee.

On behalf of the defendants-respondents-co-appellants, Samuel A. Keller, a/k/a Ray Keller, and State Farm Fire and Casualty Company, the cause was submitted on the brief of James O. Conway of Chase, Olsen, Kloet & Gunderson of Sheboygan.

On behalf of the plaintiff-respondent, Grant Smith, the cause was submitted on the brief of Mark S. Williams of Lieuallen & Williams of Port Washington.

On behalf of plaintiff-respondent, Grant Smith, and the defendant-respondent, Samuel A. Keller, a/k/a Ray Keller, the cause was submitted on the brief of Perry P. Lieuallen of Lieuallen & Williams of Port Washington and Eric E. Eberhardt of Runkel, Ansay & Eberhardt of Port Washington.

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


SCOTT, C.J.

State Farm Fire & Casualty Company (State Farm) appeals from a judgment awarding damages to Grant Smith. State Farm raises issues regarding the coverage afforded under its homeowner's insurance policy issued to Samuel A. Keller. We conclude that State Farm was entitled to summary judgment because the facts indisputedly showed that Keller expected or intended to hit Smith. As a result, the jury was improperly...

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