Backhaus v. Krueger

Floyd Backhaus appeals from a summary judgment dismissing his action against Hubert J. Kreuser and The Home Insurance Company. The trial court relied on the coemployee immunity language of sec. 102.03(2), Stats., in finding that Backhaus could not maintain this action against Kreuser and Home Insurance. We reverse because the governing insurance contract waived the statutory provision on coemployee immunity to the extent of the policy limits.

This action arises out of an automobile accident in which Backhaus, a Washington county employee, suffered injuries when he was struck by an automobile…