BUDGET RENT-A-CAR SYSTEMS, INC. v. SHELBY INS.

Nos. 94-2523, 94-2838.

197 Wis.2d 663 (1995)

541 N.W.2d 178

BUDGET RENT-A-CAR SYSTEMS, INC., Plaintiff-Appellant, v. The SHELBY INSURANCE GROUP, Defendant-Respondent, Jeffrey L. MILLER and Robert C. Smith, Defendants. BUDGET RENT-A-CAR SYSTEMS, INC., Plaintiff, v. The SHELBY INSURANCE GROUP, Defendant-Respondent, Jeffrey L. MILLER, Defendant, Robert C. SMITH, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided October 11, 1995.


Attorney(s) appearing for the Case

On behalf of the plaintiff-appellant Budget Rent-A-Car Systems, Inc., the cause was submitted on the briefs of David A. Roth of Peregrine Law Offices, S.C. of Milwaukee. On behalf of the defendant-appellant Robert C. Smith, the cause was submitted on the briefs of Robert C. Hahn of Holden & Hahn, S.C. of Sheboygan.

On behalf of the defendant-respondent The Shelby Insurance Group, the cause was submitted on the brief of Peter D. Alberg of Otjen, Van Ert, Stangle, Lieb & Weir, S.C. of Milwaukee.

Before Brown, Nettesheim and Snyder, JJ.


SNYDER, J.

Budget Rent-A-Car Systems, Inc. and Robert C. Smith appeal from the circuit court's grant of summary judgment in favor of The Shelby Insurance Group. There are two issues on appeal: (1) whether an insurance policy issued by Shelby to Smith provides coverage for damages incurred by a third party, Jeffrey L. Miller, in an automobile accident, and (2) whether Shelby has a duty to defend Smith under the terms of the policy. We conclude that Shelby is not

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