Mancheski v. Derwae

Decision Date01 November 1960
Citation105 N.W.2d 773,11 Wis.2d 467
PartiesCecella MANCHESKI, Respondent, v. Leona DERWAE et al., Respondents, Home Mutual Casualty Co., Appellant.
CourtWisconsin Supreme Court

Byrne, Bubolz & Spanagel, Appleton, William S. Pfankuch, Appleton, of counsel, for appellant.

Welsh, Trowbridge, Bills, Planert & Gould and Lontkowski & Lontkowski, Green Bay, for respondents Leona Derwae and American Mutual Liability Ins. Co.

Everson, Whitney, O'Melia & Everson, Evrard, Evrard, Duffy, Holman & Faulds, Davis, Soquet, Cherney & Ross, Green Bay, of counsel, for respondents Anton Mankowski and Farmers Mutual Auto. Ins. Co.

BROWN Justice.

The policy provisions on which appellant relies to defeat coverage to Alex Jonet are:

'I. Coverage A--Bodily Injury Liability: To pay on behalf of the insured all sums which the insured shall become legally obligated to pay as damages because of bodily injury, sickness or disease, including death at any time resulting therefrom, sustained by any person, caused by accident and arising out of the ownership, maintenance or use of the automobile.

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'III. Definition of Insured: With respect to the insurance for bodily injury liability and for property damage liability the unqualified word 'insured' includes the named insured and also includes any person while using the automobile and any person or organization legally responsible for the use thereof, provided the actual use of the automobile is by the named insured or with his permission. The insurance with respect to any person or organization other than the named insured does not apply: (a) to any person or organization, or to any agent or employee thereof, operating an automobile repair shop, public garage, sales agency, service station or public parking place, with respect to any accident arising out of the operation thereof.

'IV. Automobile Defined, Trailers, Two or More Automobiles: (a) Automobile. Except where stated to the contrary, the word 'automobile' means: (1) Described Automobile--the motor vehicle or trailer described in this policy; (2) Utility Trailer--under coverages A, B and C, a trailer not so described, if designed for use with a private passenger automobile, if not being used with another type automobile and if not a home, office, store, display or passenger trailer; (3) Temporary Substitute Automobile--under coverages A, B and C, an automobile not owned by the named insured while temporarily used as the substitute for the described automobile while withdrawn from normal use because of its breakdown, repair, servicing, loss or destruction; (4) Newly Acquired Automobiles--* * *.

'V. Use of Other Automobiles: If the named insured is an individual who owns the automobile classified as 'pleasure and business' or husband and wife either or both of them own said automobile, such insurance as is afforded by this policy for bodily injury liability, for property damage liability and for medical payments with respect to said automobile applies with respect to any other automobile, subject to the following...

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7 cases
  • Henigson v. Davis
    • United States
    • Florida District Court of Appeals
    • November 8, 1974
    ...application the insured had signed. The courts held that coverage existed. Cases with identical holdings are Mancheski v. Derwae, 11 Wis.2d 467, 105 N.W.2d 773 (1960); Asleson v. Hardware Dealers Mutual Fire Insurance Co., 11 Wis.2d 624, 106 N.W.2d 330 Travelers has called to our attention ......
  • Miller by Grindell v. Amundson, s. 82-1773
    • United States
    • Wisconsin Court of Appeals
    • January 10, 1984
    ...659, 124 N.W.2d 606, 608 (1963). The omnibus coverage should not subtract from the named insured's coverage. Mancheski v. Derwae, 11 Wis.2d 467, 471, 105 N.W.2d 773, 775 (1960). The word "coverage" includes the policy's dollar limits of liability. Smith v. National Indemnity Co., 57 Wis.2d ......
  • Rosar v. General Ins. Co. of America
    • United States
    • Wisconsin Supreme Court
    • December 20, 1968
    ...admissions are consistent with the holdings of this court in Klatt v. Zera (1960), 11 Wis.2d 415, 105 N.W.2d 776; Mancheski v. Derwae (1960), 11 Wis.2d 467, 105 N.W.2d 773; Asleson v. Hardware Dealers Mut. Fire Ins. Co. (1960), 11 Wis.2d 624, 106 N.W.2d The insurer contends that there is no......
  • State Farm Mut. Auto. Ins. Co. v. Peninsula Ins. Co.
    • United States
    • Delaware Superior Court
    • December 8, 1987
    ...use applied "only to 'any relative' and [did] not in any manner limit the coverage afforded the named insured." In Mancheski v. Derwae, 11 Wis.2d 467, 105 N.W.2d 773 (1960), the minor son was involved in an accident in which he was driving a third party's car without permission. The coverag......
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