[DOWNLOAD] "Allstate Insurance Co. v. Leonard" by Supreme Court of Wisconsin * Book PDF Kindle ePub Free

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eBook details

• Title: Allstate Insurance Co. v. Leonard
• Author : Supreme Court of Wisconsin
• Release Date : January 03, 1962
• Genre: Law,Books,Professional & Technical,
• Pages : * pages
• Size : 68 KB

Description

The appeal involves a determination that a dismissal of a suit between the parties for declaratory relief in the federal court
was res adjudicata and under the law of this state an automobile liability insurer cannot have declaratory relief to litigate
what would normally be a policy defense. The facts are quite simple. The complaint alleges that on June 21, 1959, the defendant Leonard Charneski, the owner and driver
of a 1950 Ford, collided with an automobile driven by defendant Laverne Gehrt and owned by her father, defendant Arthur Mech,
and in which he and his wife Bertha Mech were passengers. The defendant Heritage Mutual Insurance Company insured Arthur Mech
and included in its policy 'uninsured motorist' coverage agreeing to pay certain damages which the insured would be legally
entitled to recover from the owner or operator of an uninsured automobile causing the injury, providing the right to recover
and the amount thereof was determined by agreement, and if the insurer and the insured failed to so agree, then by arbitration.
The complaint also alleges Leonard Charneski was the owner of another car, a 1951 Ford, not involved in the accident, which
the appellant insured under its policy, that Leonard Charneski claimed he was not the owner of the 1950 Ford involved in the
accident as he had sold it to his brother, the defendant Edwin Charneski, a few days before the accident and, therefore, the
appellant's policy covering the 1951 Ford insured him under 'drive another car' coverage while driving the 1950 Ford, and
demanded that the appellant defend the threatening suits against him, file proof of insurance with the state motor vehicle
department and pay any judgment recovered against him as a result of the accident.

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