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BARBER v. NYLUND

No. 89-2253.

158 Wis.2d 192 (1990)

461 N.W.2d 809

Susan M. BARBER, Plaintiff, v. Craig A. NYLUND, Defendant-Appellant, RURAL MUTUAL INSURANCE COMPANY, Defendant-Respondent, TRANSAMERICA INSURANCE CORPORATION OF AMERICA, a foreign insurance corporation, and Rural Security Life Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided September 18, 1990.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the brief of Michael J. Kranzush of Denissen, Kranzush, Mahoney & Ewald, S.C. of Green Bay.

On behalf of the defendant-respondent, Rural Mutual Insurance Company, the cause was submitted on the brief of Susan J. Reigel of Everson, Whitney, Everson & Brehm, S.C. of Green Bay.

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

CANE, P.J.

Craig Nylund, a defendant in a personal injury case, appeals both a summary judgment in favor of Rural Mutual Insurance Company and an order denying Nylund's own motion for summary judgment. The trial court found that Nylund was not covered by a Rural Mutual automobile insurance policy at the time of the accident that injured the plaintiff, Susan Barber, and also that Rural Mutual had not waived its right to contest coverage when refusing to defend Nylund...

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