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SCHILLING v. EMPLOYERS MUT. CAS. CO.

No. 96-2165.

212 Wis.2d 878 (1997)

569 N.W.2d 776

Andrew William SCHILLING, a minor, by Briony Jean Foy, Guardian and Litem, William Schilling, Barbara Schilling and Student Assurance Services, Inc., Time Insurance Company, Plaintiffs-Respondents. v. EMPLOYERS MUTUAL CASUALTY COMPANY, Darlington Community School District, Darlington High School and Michael Dinges, Defendants-Appellants.

Court of Appeals of Wisconsin.

Decided August 14, 1997.

Attorney(s) appearing for the Case

On behalf of the defendants-appellants, the cause was submitted on the briefs of Mark J. Mingo and Douglas W. Lehrer of Mingo & Yankala, S.C. of Milwaukee.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of John F. Jenswold and Briony Jean Foy of Jenswold, Studt & Hanson of Madison.

Before Vergeront, Roggensack and Deininger, JJ.

VERGERONT, J.

The dispositive issue on this appeal is whether Andrew Schilling, a high school student injured at school, is a third party beneficiary of the employment contract between the school district and one of its teachers. The trial court granted a partial summary judgment in Schilling's favor, concluding that he was a third party beneficiary of the employment contract and a third party beneficiary of the school district's insurance contract. Therefore, the...

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