(Download) "Davison v. Wilson" by Supreme Court of Wisconsin # eBook PDF Kindle ePub Free
eBook details
- Title: Davison v. Wilson
- Author : Supreme Court of Wisconsin
- Release Date : January 02, 1976
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 60 KB
Description
This action arose out of an automobile accident on December 10, 1970. Jimmie G. Davison commenced the action against Talmadge E. Wilson, the driver of the vehicle in which Davison was a passenger. Wilson was the named insured of an automobile liability policy issued by Dairyland Insurance Company. Because Davison, the plaintiff, and Wilson, the named insured driver, were both employees of the Wisconsin State Employment Service and were in the course of their employment, Dairyland Insurance Company declined to extend coverage, because of an exclusion clause in the policy issued to Wilson. By stipulation, the parties agreed to a court trial on coverage only. That trial resulted in a ""judgment,"" holding that the exclusion was invalid and coverage was afforded. Appeal was taken following a subsequent judgment on the merits of the case. We note in passing that the declaration by the court that coverage was afforded ought not to have been denominated a ""judgment."" It was an intermediate order, which affected the merits of the case. Such an order can be reviewed, like other intermediate orders, on an appeal from a judgment on the merits. Sec. 274.34, Stats. Accordingly, the trial court holding that the exclusion was invalid is reviewed as an intermediate order that affected the final judgment.