Opinion

Drewek v. Milwaukee Automobile Insurance

  • 207 Wis. 445
  • 240 N.W. 881
  • 1932 Wisc. LEXIS 101
Court
Wisconsin Supreme Court
Filed
Apr 5, 1932
Status
Published
Author
Rosenberry
On the bench
Fritz, Rosenberry
Cited by
47 cases

The opinion

Rosenberry, C. J.

(dissenting). I cannot concur in the construction placed upon the language of the policy in this case. It seems to me too narrow and strict. As I understand the decision, it is now held that a slight departure- from the terms of the policy, such for instance as the taking of an express' package two blocks for a friend, leaves -the policyholder without protection. In my opinion, a slight departure *452 from the prescribed use not amounting to a substantial change, being merely such an incidental departure as is commonly made by the users of vehicles of similar type, should be held to be within the contemplation of the parties to the contract and hence covered by the policy.

I am authorized to say that Mr. Justice Wickhem concurs in this dissent.

A motion for a rehearing was denied, with $25 costs, on April 5, 1932.

This is a copy of a public record, reproduced as it was published. It is not legal advice, and it may not be the version a court would rely on. Check the official source before you cite it.

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