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MIDWEST MUT. INS. CO. v. NICOLAZZI

No. 86-0762.

138 Wis.2d 192 (1987)

405 N.W.2d 732

MIDWEST MUTUAL INSURANCE COMPANY and Larry J. Wachter, Plaintiffs-Respondents, v. Debra L. NICOLAZZI, Defendant-Respondent, WEST BEND MUTUAL INSURANCE COMPANY, Defendant-Appellant.

Court of Appeals of Wisconsin.

Decided March 18, 1987.

Attorney(s) appearing for the Case

On behalf of the defendant-appellant the cause was submitted on the briefs of James J. Pauly of West Bend.

On behalf of the plaintiffs-respondents the cause was submitted on the brief of Edward J. Bruner, Jr., of Heft, Dye, Paulson & Nichols, S.C. of Racine.

On behalf of the defendant-respondent the cause was submitted on the brief of Eric S. Darling of Schmidt & Darling of Milwaukee.

Before Scott, C.J., Brown, P.J., and Nettesheim, J.

NETTESHEIM, J.

This is a small claims, property damage subrogation case commenced by Midwest Mutual Insurance Company (Midwest) and its insured, Larry J. Wachter, against West Bend Mutual Insurance Company (West Bend) and Debra L. Nicolazzi.1 West Bend denied coverage claiming nonpermissive use of the insured motor vehicle. The trial court struck the defense because West Bend had not complied

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