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BINON v. GREAT NORTHERN INS. CO.

No. 97-0710.

218 Wis.2d 26 (1998)

580 N.W.2d 370

Ronald BINON, Catherine Binon, Melissa Binon, a minor, by her Guardian ad Litem, Attorney M. Angela Dentice, and Melinda Binon, a minor, by her Guardian ad Litem, Attorney M. Angela Dentice, Plaintiffs-Appellants, The MILWAUKEE CARPENTERS DISTRICT COUNCIL HEALTH FUND and American Family Mutual Insurance Company, Plaintiffs, v. GREAT NORTHERN INSURANCE COMPANY, Sells Printing Company, Erick Schroeder, Philadelphia Indemnity Insurance Company, Andy Honkamp and John Honkamp, Defendants, FEDERAL INSURANCE COMPANY, Defendant-Respondent, UNIVERSAL UNDERWRITERS INSURANCE COMPANY and Arrow Motors, Inc., d/b/a Lease Associates Group, Intervening-Defendants-Respondents.

Court of Appeals of Wisconsin.

Decided March 25, 1998.

Attorney(s) appearing for the Case

On behalf of the plaintiffs-appellants, the cause was submitted on the briefs of M. Angela Dentice and David J. Bischmann of Hausmann-McNally, S.C. of Milwaukee.

On behalf of the defendant-respondent, the cause was submitted on the brief of Burton A. Strnad of Burton A. Strnad, S.C. of Milwaukee.

On behalf of the intervening defendants-respondents, the cause was submitted on the brief of David H. Hutchinson of Machulak, Hutchinson, Robertson, O'Dess & Reilly, S.C. of Milwaukee.

Before Brown, Nettesheim and Anderson, JJ.

NETTESHEIM, J.

Wisconsin's omnibus statute, § 632.32(3), STATS., extends insurance coverage to any permissive user of an insured motor vehicle and to any person legally responsible for the use of the motor vehicle. However, when the insured is a "motor vehicle handler," § 632.32(5)(c) permits the insurer to restrict coverage to only the motor vehicle handler when there is other valid and collectible insurance in effect.

The issues in this case are...

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