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WHIRLPOOL CORP. v. ZIEBERT

No. 93-3307.

197 Wis.2d 144 (1995)

539 N.W.2d 883

WHIRLPOOL CORPORATION, a foreign corporation, Plaintiff-Respondent-Petitioner, v. Sharon ZIEBERT, Defendant-Petitioner, ALLSTATE INSURANCE COMPANY, a foreign insurance company, Defendant-Third Party Plaintiff-Appellant, v. Jaclyn ZIEBERT, Third Party Defendant-Intervenor-Respondent, Kenneth ZIEBERT, Metropolitan Life Insurance Company and Blain Supply, Inc., Third Party Defendants.

Supreme Court of Wisconsin.

Decided November 16, 1995.

Attorney(s) appearing for the Case

For the plaintiff-respondent-petitioner there were briefs by J. Ric Gass, Mark M. Leitner and Kravit Gass & Weber, S.C., Milwaukee and oral argument by Mark M. Leitner.

For the defendant-petitioner there were briefs by Diane Loftus and F. William Russo & Associates, Milwaukee and oral argument by Gordon K Aaron of Alex, Aaron & Goldman, S.C., Milwaukee.

For the defendant-third party plaintiff-appellant, there was a brief by Robert J. Lauer, Christine M. Benson and Kasdorf, Lewis & Swietlik, S.C., Milwaukee and oral argument by Robert J. Lauer.

Amicus curiae brief was filed by Timothy J. Strattner, Linda Vogt Meagher and Schellinger & Doyle, S.C., Brookfield for the Civil Trial Counsel of Wisconsin and the Wisconsin Insurance Alliance.

Amicus curiae brief was filed by D. J. Weiss and Habush, Habush, Davis & Rottier, S.C., Rhinelander for the Wisconsin Academy of Trial Lawyers.

DONALD W. STEINMETZ, J.

The issue before this court is whether a family member exclusion clause in a homeowner's insurance policy can bar coverage for a third party contribution action brought against an insured. We hold that family member exclusion clauses which apply to contribution claims against an insured are not contrary to public policy.

Jaclyn Ziebert, at the age of three, injured her hand in a meat grinder allegedly manufactured by Whirlpool Corporation...

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