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eBook details

• Title: Mcwhorter and Others v. Employers Mutual
• Author : Supreme Court of Wisconsin
• Release Date : January 05, 1965
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 73 KB

Description

The defendants Yunker Motor Company (Yunker) and the Employers Mutual Casualty Company (Employers) appeal from a summary judgment
in favor of the plaintiffs Janet S. McWhorter, Henry L. McWhorter, and Bruce Arthur Grawert, a minor by J. R. Long, his guardian
ad litem. The action was commenced to recover for injuries received in an automobile accident on July 9, 1962, which occurred
between the car driven by the plaintiff Janet S. McWhorter and a 1953 Oldsmobile driven by the defendant Shirley Luebke (Luebke).
It was alleged the Oldsmobile was owned by Yunker and insured by Employers under a policy issued to Yunker. The answer denied
the ownership of the car by Yunker at the time of the accident and that the policy afforded coverage to Luebke and alleged
she was the owner of the car at the time of the accident. Following an order made pursuant to sec. 260.11 (2), Stats., granting a separate trial on the issue of ownership and insurance
coverage, the plaintiffs moved for summary judgment on these issues. It was agreed that if Yunker was the owner of the car
at the time of the accident Luebke is covered by the terms of the insurance policy. The trial court granted summary judgment
on the ground all the facts were submitted by affidavits and documents and no contract to sell or of sale had been entered
into between Luebke and Yunker and, therefore, Luebke was not the owner of the Oldsmobile at the time of the accident. It
was and is contended by the appealing defendants there exists an issue of fact which should be tried by a jury.

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