# Drewek v. Milwaukee Automobile Insurance

> Wisconsin Supreme Court · April 5, 1932 · 207 Wis. 445

URL: https://www.frixlaw.com/law-library/cases/8197292

## Case

- **Full name:** Drewek, Administratrix v. Milwaukee Automobile Insurance Company, a limited mutual
- **Court:** Wisconsin Supreme Court
- **Decided:** April 5, 1932
- **Citations:** 207 Wis. 445; 240 N.W. 881; 1932 Wisc. LEXIS 101
- **Precedential status:** Published
- **Opinion:** Dissent by Rosenberry
- **Judges:** Fritz, Rosenberry
- **Cited by:** 47 later opinions in the Frix Law Library

## Citator (automated)

- No negative treatment found by the automated citator. That is not the same as a confirmation that the case is good law; read the citing cases.
- Full citator and citing cases: https://www.frixlaw.com/law-library/cases/8197292

## Opinion text

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.

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Source: Frix Law Library, https://www.frixlaw.com/law-library/cases/8197292. Public record. Not legal advice.