Employers Mutual Fire Insurance v. Haucke

The question presented is: Does the fact that the alleged negligent acts and wilful misconduct happened during the commission of a crime absolve the sponsor from liability under sec. 85.08 (9) (c), Stats.?

It is stated in the complaint that Dean Haucke stole the Ferguson automobile and wrecked it while attempting to escape capture. The allegation of theft was necessary to qualify the plaintiff as a proper party to bring this action under the subrogation clause in its policy. But it is clear from the complaint that the action is based, not on the theft, but on the negligent operation which…