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CHAPMAN v. PHYSICIANS SERVICE INS. CORP.

No. 93-1481.

187 Wis.2d 540 (1994)

523 N.W.2d 152

Jay A. CHAPMAN, by his Guardian ad Litem, Carl L. Ricciardi, Ronald L. Chapman, and Rose M. Chapman, Plaintiffs-Co-Appellants, v. WISCONSIN PHYSICIANS SERVICE INSURANCE CORPORATION, and Blue Cross & Blue Shield United of Wisconsin, Defendants, PARTNERS MUTUAL INSURANCE COMPANY, f/k/a Badger State Mutual Casualty Company, Defendant-Third Party Plaintiff-Respondent, Jamie WORZALLA, by his Guardian ad Litem, David J. Worzalla, Third Party Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided September 15, 1994.

Attorney(s) appearing for the Case

For the third party defendant-appellant the cause was submitted on the brief of Thomas Terwilliger of Terwilliger, Wakeen, Piehler & Conway, S.C. of Wausau.

For the plaintiffs-co-appellants the cause was submitted on the brief of Virginia M. Antoine and Carl L. Ricciardi of Habush, Habush & Davis, S.C. of Wausau.

For the defendant-third party plaintiff-respondent the cause was submitted on the brief of Gerald M. O'Brien of Anderson, Shannon, O'Brien, Rice & Bertz of Stevens Point.

Before Eich, C.J., Gartzke, P.J., and Dykman, J.

GARTZKE, P.J.

Jay Chapman appeals from a judgment dismissing his complaint against Partners Mutual Insurance Company for damages from the injury he sustained when a BB Jamie Worzalla shot from a BB gun hit his eye. The trial court granted summary judgment to Partners, the homeowner's insurance company for Jamie's parents, on grounds that Partners' policy does not provide coverage. Jamie, as a third-party defendant, also appeals and seeks review of the same determination...

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