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SCHWERSENSKA v. AMERICAN FAMILY MUT. INS. CO.

No. 95-3620.

206 Wis.2d 549 (1996)

557 N.W.2d 469

Richard SCHWERSENSKA, Plaintiff-Appellant, v. AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Travis J. Menge, and Michael Neitzke, Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided November 21, 1996.

Attorney(s) appearing for the Case

For the plaintiff-appellant the cause was submitted on the briefs of Gordon S. Johnson, Jr. of Berlin.

For the defendant-respondent the cause was submitted on the brief of Russell W. Wilson and Matthew E. Yde of Ruder, Ware & Michler, S.C., of Wausau.

Before Dykman, P.J., Vergeront and Deininger, JJ.

DYKMAN, P.J.

On March 6, 1994, Travis Menge, while a passenger in Michael Neitzke's car, shot Richard Schwersenska in the left arm. Schwersenska was driving a pickup truck following Neitzke's car. Schwersenska filed suit against Menge, Neitzke and American Family Mutual Insurance Company, which had issued a homeowners policy to Neitzke's parents. The policy covered Neitzke. American Family moved for summary judgment, arguing that its homeowners policy specifically...

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