NELSON v. ZEIMETZ

No. 88-0737.

150 Wis.2d 785 (1989)

442 N.W.2d 530

Peggy A. NELSON, and Liberty Mutual Insurance Company, Plaintiffs-Respondents, v. Dale S. ZEIMETZ, Defendant, DAIRYLAND INSURANCE COMPANY, Defendant-Appellant, KENOSHA AUTO TRANSPORT CORPORATION, Defendant, PROTECTIVE INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided May 10, 1989.


Attorney(s) appearing for the Case

On behalf of defendant-appellant Dairyland Insurance Company, there were briefs by Robert F. Johnson and Philip C. Reid of Cook & Franke, S.C. of Milwaukee. There was oral argument by Philip C. Reid.

On behalf of defendant-appellant Protective Insurance Company, there were briefs and oral argument by Douglas J. Carroll of Arnold, Murray, O'Neill & Schimmel of Milwaukee.

On behalf of plaintiff-respondent Liberty Mutual Insurance Company, there was a brief by James J. Kriva and E. Patrick Cranley of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee. There was oral argument by James J. Kriva.

On behalf of plaintiff-respondent Peggy A. Nelson, there was a brief and oral argument by Edward J. Plagemann of Milwaukee.

On behalf of the Department of Transportation, there was an amicus brief by Donald J. Hanaway, attorney general, and Donald W. Smith, assistant attorney general. There was oral argument by Donald W. Smith, assistant attorney general.

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


SCOTT, C.J.

Dairyland Insurance Company (Dairyland) and Protective Insurance Company (Protective) appeal from an order which granted the plaintiffs' motion to strike the insurance companies' defense of non-permissive use of a vehicle.1 Dairyland and Protective raise a number of issues regarding part of Wisconsin's safety responsibility law, sec. 344.15, Stats. We conclude that Dairyland, as...

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