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WALL v. HERITAGE MUT. INS. CO.

No. 89-0679-FT.

151 Wis.2d 691 (1989)

446 N.W.2d 75

Patricia E. WALL, Plaintiff-Appellant, v. HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided July 25, 1989.

Attorney(s) appearing for the Case

For plaintiff-appellant there were briefs by Angus R. McIntyre and Bachman, Cummings & McIntyre, S.C., of Appleton.

For defendant-respondent there was a brief by Michael F. O'Brien and Garvey, Anderson, Kelly & Ryberg, S.C., of Eau Claire.

Before Cane, P.J., LaRocque and Myse, JJ.

LaROCQUE, J.

Patricia Wall, a California resident injured in a motorcycle accident there in November, 1984, appeals a summary judgment dismissing her claim against her estranged Wisconsin husband's auto insurance carrier, Heritage Mutual Insurance Company.1 The trial court decided that Patricia was not a "spouse living in the same household" and therefore not an insured under Darold Wall's policy. The trial court distinguished Belling...

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