WESTPHAL v. FARMERS INS. EXCHANGE

No. 02-1343.

266 Wis.2d 569 (2003)

2003 WI App 170

669 N.W.2d 166

Evette WESTPHAL, Hank Westphal, and Tanner Westphal, Plaintiffs-Respondents, v. FARMERS INSURANCE EXCHANGE, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided July 17, 2003.


Attorney(s) appearing for the Case

On behalf of the defendant-appellant, the cause was submitted on the briefs of Susan R. Tyndall of CMT Legal Group, Ltd. of Waukesha.

On behalf of the plaintiffs-respondents Hank and Evette Westphal, the cause was submitted on the brief of Charles D. Slane of Terry & Slane, P.L.L.C., of Bloomington, Minnesota, and of counsel and on behalf of plaintiff-respondent Tanner Westphal, the cause was submitted on the brief of R. Michael Waterman of Mudge Porter Lundeen & Sequin, S.C. of Hudson.

Before Dykman, Roggensack and Deininger, JJ.


¶ 1. ROGGENSACK, J.

Farmers Insurance Exchange appeals an order denying its motion for summary judgment on a coverage defense for an automobile accident involving Eric Meadows and Evette and Tanner Westphal.1 The circuit court concluded there were issues of material fact as to whether the "drive other cars" exclusion applied and that the "business use" exclusion did not apply. Because we...

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