Zippel v. Country Gardens
| Decision Date | 02 December 1952 |
| Citation | 55 N.W.2d 903,262 Wis. 567 |
| Parties | ZIPPEL, v. COUNTRY GARDENS, Inc. et al. |
| Court | Wisconsin Supreme Court |
The plaintiff, Zippel, brought this action to recover for personal injuries sustained while a passenger in a truck driven by Joseph E. Derocher and owned by Country Gardens, Inc. The injuries were sustained as the result of a collision between the truck and another owned by one of the other defendants. Plaintiff and Derocher were co-employees of Country Gardens, Inc. and at the time of the accident were performing work in the course of their employment. All were subject to the provisions of the Workmen's Compensation Act.
Fireman's Fund Indemnity Co., joined as a defendant, had issued to Country Gardens, Inc., a policy of automobile liability insurance which contains the following exclusion:
'This policy does not apply: * * * (c) under coverage A, * * * to bodily injury to * * * any employee of the insured while engaged in the employment of the insured, * * *; or to any obligation for which the insured or any company as his insurer may be held liable under any workmen's compensation law;'
This is an appeal from an order, made on April 12, 1952 denying a motion for summary judgment made by Fireman's Fund Indemnity Co.
Gold & McCann, Milwaukee, for appellant.
Lehner & Lehner, Adolph P. Lehner, Howard N. Lehner and Eugene E. Behling, Oconto Falls, for plaintiff, respondent.
Krueger & Plier and James H. Plier, Oconto, for defendant-respondent, Joseph E. Derocher.
Benton, Bosser, Becker, Parnell & Fulton, Appleton, for Murphy Const. Co., Genl. Cas. Co., and Ralph Murphy.
Fireman's Fund Indemnity Co., the appellant, contends that the quoted exclusion provision relieves it of liability to plaintiff.
Sec. 204.30(3) Stats. provides as follows:
'No such policy shall be issued or delivered in this state to the owner of a motor vehicle, unless it contains a provision reading substantially as follows: The indemnity provided by this policy is extended to apply, in the same manner and under the same provisions as it is applicable to the named assured, to any person * * * operating any automobile described in this policy when such automobile is being used for purposes and in the manner described in said policy. * * *'
Appellant's argument overlooks or seeks to ignore this statutory provision which by its terms makes it a part of the contract. It is not disputed that the truck was 'being used for the purposes and in the...
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Stone v. Acuity
...Oak Fire Ins. Co., 44 Wis.2d 45, 53, 170 N.W.2d 813 (1969)(citing 44 C.J.S. Insurance, § 302 at 1215-16; Zippel v. Country Gardens, Inc., 262 Wis. 567, 55 N.W.2d 903 (1952); Sandstrom v. Estate of Clausen, 258 Wis. 534, 46 N.W.2d 831 (1951)). In this case, the applicable legislative prescri......
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AMERICAN FIDEL. & CAS. CO. v. St. Paul-Mercury Indem. Co., 16441.
...Sandstrom v. Clausen's Estate, 258 Wis. 534, 46 N.W.2d 831; McMann v. Faulstich, 1951, 259 Wis. 7, 47 N.W.2d 317; Zippel v. Country Gardens, Inc., 262 Wis. 567, 55 N.W.2d 903; Shanahan v. Midland Coach Lines, 268 Wis. 233, 67 N.W.2d 297; *Narloch v. Church, 234 Wis. 155, 290 N.W. * NOTE: Th......
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Ford v. City of Caldwell
...Cuddy v. Tyrrell, 171 Kan. 232, 232 P.2d 607; Bankers Security Life Ins. Co. v. Killingsworth, Okl., 284 P.2d 734; Zippel v. Country Gardens, 262 Wis. 567, 55 N.W.2d 903; 44 C.J.S. Insurance § 302 p. 1214; 29 Am.Jur., Insurance, p. 197, secs. 179 and 180. Such rule does not extend to a stat......
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Kelly v. State Automobile Insurance Association
...v. Clausen's Estate, 1951, 258 Wis. 534, 46 N.W.2d 831; McMann v. Faulstich, 1951, 259 Wis. 7, 47 N.W.2d 317; Zippel v. Country Gordens, Inc., 1952, 262 Wis. 567, 55 N.W. 2d 903; Severin v. Luchinske, 1955, 271 Wis. 378, 73 N.W.2d 477; Matteson v. Johnson, 1957, 275 Wis. 615, 82 N.W.2d 3 Gr......