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RABAS v. CLAIM MANAGEMENT SERVICES, INC.

No. 95-1085.

205 Wis.2d 483 (1996)

556 N.W.2d 410

Otmar RABAS, surviving Spouse of Dorothy Rabas and Sole Beneficiary of the Estate of Dorothy Rabas, Plaintiffs, v. CLAIM MANAGEMENT SERVICES, INC., Defendant, The AETNA CASUALTY & SURETY COMPANY, Manitowoc Clinic, Inc., and Manitowoc Clinic, S.C., Defendants-Third Party Plaintiffs-Appellants, v. Diane RABAS, Third Party Defendant, KOSSUTH MUTUAL INSURANCE COMPANY, Third Party Defendant-Respondent.

Court of Appeals of Wisconsin.

Decided October 16, 1996.

Attorney(s) appearing for the Case

On behalf of the third party plaintiffs-appellants, the cause was submitted on the briefs of Philip A. Munroe of Di Renzo and Bomier of Neenah.

On behalf of the third party defendant-respondent, the cause was submitted on the brief of Arnold P. Anderson of Mohr & Anderson, S.C. of Madison.

Before Anderson, P.J., Brown and Snyder, JJ.

ANDERSON, P.J.

The Aetna Casualty & Surety Company (Aetna), Manitowoc Clinic, Inc. and Manitowoc Clinic, S.C. appeal from a summary judgment in favor of Kossuth Mutual Insurance Company (Kossuth), the third party defendant-respondent. Aetna maintains that the family exclusion clause in the Rabases' insurance policy only applies to direct action claims and therefore does not apply to this indirect claim for contribution. Because we conclude that the family exclusion...

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