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STATE FARM MUTUAL v. CONTINENTAL CAS. CO.

No. 92-2417-FT.

174 Wis.2d 434 (1993)

498 N.W.2d 247

STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY, a foreign insurance corporation, Plaintiff-Respondent, v. CONTINENTAL CASUALTY COMPANY, a foreign insurance corporation, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided February 3, 1993.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of James Samuelsen and Marjorie M. Greene of Godfrey, Braun & Hayes of Milwaukee.

On behalf of the plaintiff-respondent, the cause was submitted on the brief of William J. Katt and Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

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

NETTESHEIM, P.J.

In this appeal we hold that seven State Farm Mutual Automobile Insurance Company policies provide coverage for the accident. As a result, all seven State Farm policies shall be prorated with a single Continental Casualty Company (CNA) policy in determining the amount each insurer shall contribute to pay the injured claimant's agreed damages. We reverse the trial court's declaratory summary judgment which held that only one State Farm policy should...

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