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BELL v. EMPLOYERS MUT. CAS. CO

No. 95-0301.

198 Wis.2d 347 (1995)

541 N.W.2d 824

Randal L. BELL and Mary Bell, Plaintiffs-Respondents-Cross Appellants, v. EMPLOYERS MUTUAL CASUALTY COMPANY of Des Moines, Iowa, Defendant-Appellant-Cross Respondent.

Court of Appeals of Wisconsin.

Decided November 30, 1995.

Attorney(s) appearing for the Case

For the defendant-appellant-cross respondent the cause was submitted on the briefs of Bradley D. Armstrong and Arthur E. Kurtz of Axley Brynelson of Madison.

For the plaintiffs-respondents-cross appellants the cause was submitted on the brief of Ronald M. Fitzpatrick of Fitzpatrick, Smyth, Dunn & Fitzpatrick of La Crosse.

Before Gartzke, P.J., Sundby and Vergeront, JJ.

VERGERONT, J.

This action arises out of an accident that occurred in Iowa when Randal Bell, acting within the scope of his employment for Iverson Construction, Inc., was struck by a vehicle driven by a co-employee, Mark McAllister. Randal and Mary Bell filed an action against Iverson Construction's worker's compensation and business automobile liability insurer, Employers Mutual Casualty Company of Des Moines, Iowa, alleging that the injuries Bell sustained were the...

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