[Download] "Christen Michaela Shannon v. James P." by United States Court of Appeals for the Third Circuit * Book PDF Kindle ePub Free
eBook details
- Title: Christen Michaela Shannon v. James P.
- Author : United States Court of Appeals for the Third Circuit
- Release Date : January 26, 1989
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 71 KB
Description
This case is before the court on petitions for review of a decision of the court of appeals, Shannon v. Shannon, 145 Wis. 2d 763, 429 N.W.2d 525 (Ct. App. 1988), which reversed a judgment of the circuit court for Milwaukee county, Joseph P. Callan, circuit Judge, granting summary judgment to the petitioners, Steven and Donna Schultz (Schultzes) and their insurers, Commercial Union Insurance Companies (Commercial) and United States Automobile Association (USAA), and dismissing the claim against USAA as insurer of James and Edith Shannon (Shannons). Three issues are presented for review. The first issue is whether the circuit court erred in granting summary judgment to the Schultzes and their insurers. The second issue is whether the Schultzes are immune from liability to Christen Shannon under sec. 895.52(2), Stats. 1983-84. The third issue is whether an insurer can waive a family member exclusion clause in its insurance policy. We conclude that the circuit court improperly granted summary judgment to the Schultzes and their insurers. In addition, we find that the Schultzes are not immune from liability to Christen Shannon under sec. 895.52(2). Finally, we hold that, as a matter of law, an insurer cannot waive a family member exclusion clause in its insurance policy.