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KENISON v. WELLINGTON INS. CO.

No. 97-1758.

218 Wis.2d 700 (1998)

582 N.W.2d 69

Jerald M. KENISON and Darlene A. Kenison, Plaintiffs-Respondents, v. WELLINGTON INSURANCE COMPANY, Defendant-Appellant, Beate BOPP, Mr. Submarine, Ltd., Wisconsin Mutual Insurance Company and Employers Health Insurance Company, Defendants.

Court of Appeals of Wisconsin.

Decided April 21, 1998.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Bradley M. Jones of Meagher & Geer P.L.L.P. of Minneapolis, MN.

On behalf of the plaintiffs-respondents, the cause was submitted on the brief of Boad S. Swanson and Toby E. Marcovich of Marcovich, Cochrane & Milliken of Superior.

Before Cane, P.J., Myse and Hoover, JJ.

CANE, P.J.

Wellington Insurance Company appeals a nonfinal order denying its motion for summary judgment.1 Wellington contends it is entitled to judgment as a matter of law because Jerald and Darlene Kenison cannot maintain a direct action against it under Wisconsin statutes because Wellington did not deliver or issue for delivery a policy of insurance in this state. We agree and therefore reverse the trial court's denial of Wellington...

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