Malakowsky v. Johannsen

OPINION

FORSBERG, Judge.

Milwaukee Mutual Insurance Company appeals from a summary judgment entered for plaintiff. The trial court ruled that Milwaukee Mutual is estopped from asserting a policy exclusion against a third party. Milwaukee Mutual claims that a stranger to the contract cannot invoke estoppel and that estoppel cannot be used to enlarge coverage. We agree.

FACTS

Plaintiff-Respondent Ralph Malakowsky is a dairy farmer. On several occasions he purchased calves from defendants Raymond Johannsen and Raymond Koziolek, doing business as R & R Livestock. The complaint alleges that the last…