Asleson v. Hardware Dealers Mutual Fire Insurance

106 N.W.2d 330, 11 Wis. 2d 624, 11 Wis. 624, 1960 Wisc. LEXIS 507

• Court: Wisconsin Supreme Court
• Decided: November 29, 1960
• Status: Published

Opinion

Broadfoot, J.

On the same date that this appeal was argued we announced our decisions in the cases of Klatt v. Zera, ante, p. 415, 105 N. W. (2d) 776, and Mancheski v. Derwae, ante, p. 467, 105 N. W. (2d) 773. Although not identical, the provisions of the insurance policies here involved were substantially the same as those set out in the Klatt and Mancheski Cases, supra.

At the time of the accident, Richard Asleson .was not driving an automobile described in either of said policies but was driving one owned by his brother-in-law. The arguments advanced upon this appeal by Milwaukee Automobile Mutual Insurance Company were substantially the same as those advanced in the Klatt Case, supra. The only distinction mentioned by the appellant was that its policy was issued to the plaintiff’s wife. However, the provision covering the use of other automobiles specifically provided that it covered the spouse of the named insured if a resident of the same household. Plaintiff met this requirement.

This case is governed by our decisions mentioned above and we will not extend this opinion by repeating the arguments advanced and answering the same.

By the Court. — Judgment affirmed.