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BOTHE v. AMERICAN FAMILY INS. CO.

No. 90-1498.

159 Wis.2d 378 (1990)

464 N.W.2d 109

Ronald M. BOTHE, by his Guardian ad Litem, Michael J. Gross, and Carol Bothe, Plaintiffs-Appellants, v. AMERICAN FAMILY INSURANCE COMPANY and James A. Anderson, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 28, 1990.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of Michael J. Gross of Bode, Gross & Carroll, S.C. of Waukesha.

On behalf of the defendants-respondents, the cause was submitted on the brief of James R. Sommers of Hunter & Sommers of Waukesha.

Before Nettesheim, P.J., Scott and Anderson, JJ.

SCOTT, J.

Ronald M. Bothe and his mother, Carol Bothe ("Bothe"), appeal from a summary judgment in favor of James A. Anderson and American Family Insurance Company, the liability insurer of James's wife Janis. The issue on appeal is whether sec. 766.55(2)(cm), Stats., creates liability as to an innocent spouse (Janis) for obligations of the tortfeasor spouse (James), and, if so, whether there is coverage under the innocent spouse's insurance policy. We conclude that...

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