Beskidniak v. Masny

Plaintiff contends that there is no substantial issue to be tried so far as negligence is concerned, and cites Marco v. Whiting (1944), 244 Wis. 621, 12 N. W. (2d) 926, to the proposition that summary judgment is proper under the circumstances. That was a case involving a contract allegedly procured by fraud.

The instant case involves an automobile accident. An insurance company is one of the defendants, and under the terms of its policy the company has complete control of the investigation and the defense. In this situation it is often true that the individual defendant is not too strenuously…