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SIMONDS v. BOUTON

No. 76-163.

87 Wis.2d 302 (1979)

274 N.W.2d 666

SIMONDS, by his Guardian ad Litem, Thomas S. Hornig, Plaintiff-Respondent, v. BOUTON, Defendant-Respondent: AMERICAN FAMILY MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Supreme Court of Wisconsin.

Decided January 30, 1979.

Attorney(s) appearing for the Case

For the appellant there was a brief and oral argument by Thomas F. Berg of Janesville.

For the respondent there was a brief by Thomas S. Hornig and Brennan, Steil, Ryan, Basting & MacDougall, S.C., of Janesville, and oral argument by Mr. Hornig.

WILLIAM G. CALLOW, J.

In this personal injury case, the defendant American Family Mutual Insurance Company seeks to avoid liability to the plaintiff for damages arising out of an accident involving its insured, Terrance Bouton, on the ground that Bouton breached his contractual duty of cooperation with American Family by failing to appear at trial. We conclude this case turns on the question of whether or not the court properly...

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