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JANIKOWSKI v. STATE FARM MUT. AUTOMOBILE INS.

No. 92-2097.

187 Wis.2d 424 (1994)

523 N.W.2d 130

Hilary JANIKOWSKI and Sylvia Janikowski, Plaintiffs, AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Plaintiff-Appellant, v. STATE FARM MUTUAL AUTOMOBILE INSURANCE COMPANY and Samaritan Health Plan, Defendants, NATIONAL CAR RENTAL, Proposed-Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided September 13, 1994.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Richard L. Zaffiro of Racine, Wisconsin.

For the proposed-defendant respondent the cause was submitted on the briefs of Otjen, Van Ert, Stangle, Lieb & Weir, S.C., with Patrick R. Russell, of Milwaukee.

Before Wedemeyer, P.J., Sullivan and Schudson, JJ.

SCHUDSON, J.

The issue raised by American Family Mutual Insurance Company in this case is whether an out-of-state car rental lease agreement is an insurance policy requiring uninsured motorist coverage. We hold, however, that whether or not an out-of-state lease agreement is an insurance policy is irrelevant because, under §§ 344.52 and 632.32, STATS., a self-insuring out-of-state rental car agency is not required...

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