BINDRIM v. COLONIAL INS. CO.

Nos. 92-1279, 92-1645.

181 Wis.2d 799 (1994)

512 N.W.2d 210

Thomas D. BINDRIM, Plaintiff, v. COLONIAL INSURANCE COMPANY, Defendant-Appellant, DAIRYLAND INSURANCE COMPANY and Threshermen's Mutual Insurance Company, Defendants-Respondents, Deborah HOMMELAND and The Cincinnati Insurance Company, Defendants, Susan J. DEGANO and Giuliano Degano, Defendants-Third Party Plaintiffs-Respondents, v. B & J INSURANCE AGENCY, Third Party Defendant. Thomas D. BINDRIM, Plaintiff-Respondent-Cross Appellant, v. COLONIAL INSURANCE COMPANY, Defendant-Appellant, DAIRYLAND INSURANCE COMPANY and Threshermen's Mutual Insurance Company, Defendants-Respondents, Deborah HOMMELAND, Defendant, The CINCINNATI INSURANCE COMPANY, Defendant-Cross Respondent, Susan J. DEGANO and Giuliano, Degano, Defendants-Third Party Plaintiffs-Respondents-Cross Appellants, v. B & J INSURANCE AGENCY, Third Party Defendant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided January 5, 1994.


Attorney(s) appearing for the Case

On behalf of defendant-appellant Colonial Insurance Company, there were briefs and oral argument by Thomas J. Binder of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

On behalf of defendant-respondent Dairyland Insurance Company, there was a brief and oral argument by John M. Swietlik, Jr. of Cook & Franke, S.C. of Milwaukee.

On behalf of defendant-respondent Threshermen's Mutual Insurance Company, there was a brief and oral argument by Kristi L. Fry of Law Offices of Wagner & Fry of Fond du Lac.

On behalf of defendants-third party plaintiffs-respondents-cross appellants Susan J. Degano and Giuliano Degano, there was a brief and oral argument by Thomas B. Hartley of Heide, Hartley, Thom, Wilk & Guttormsen of Kenosha.

On behalf of plaintiff-respondent-cross appellant Thomas D. Bindrim, there was a brief by Carol Unger-Keizer of Law Office of Carol Unger-Keizer of Delavan.

On behalf of defendant-cross respondent The Cincinnati Insurance Company, there was a brief by James M. Ryan and Christine M. Benson of Kasdorf, Lewis & Swietlik, S.C. of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.


SNYDER, J.

The sole issue in this consolidated appeal is whether a named operator policy issued pursuant to the financial responsibility statutes, ch. 344, Stats., is subject to the requirements of the omnibus coverage statute, sec. 632.32, Stats., which in part prohibits the exclusion of coverage to persons related by blood or marriage.1 Section 632.32(6)(b)1. We hold that no policy issued...

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