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MATTHEIS v. HERITAGE MUT. INS. CO.

No. 91-2070.

169 Wis.2d 716 (1992)

487 N.W.2d 52

Celeste MATTHEIS, a child, by her Guardian ad Litem, Michael J. Vowinkel, David Mattheis and Stephanie Mattheis, Plaintiffs, v. HERITAGE MUTUAL INSURANCE COMPANY, Defendant-Appellant, MIDWESTERN NATIONAL INSURANCE COMPANY, Defendant-Respondent, David J. BARTS and Blue Cross & Blue Shield United of Wisconsin, Defendants.

Court of Appeals of Wisconsin.

Decided June 10, 1992.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, there were briefs and oral argument by Robert C. Hahn of Holden & Hahn, S.C. of Sheboygan.

On behalf of the defendant-respondent, there was a brief and oral argument by Thomas L. Miller of Wauwatosa.

Before Nettesheim, P.J., Brown and Snyder, JJ.

SNYDER, J.

The ultimate issue on appeal is which of two insurers is liable for damages incurred as the result of an automobile accident in which a car driven by David Barts struck Celeste Mattheis. To resolve the issue, we must determine whether seventeen-year-old David was a "customer" of Jacoby-Modra Chevrolet, Inc. within the meaning of Jacoby-Modra's garage liability policy. Heritage Mutual Insurance Company, Jacoby-Modra's insurer, argues that it is not liable...

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