Midwest Mutual Insurance v. Nicolazzi

This is a small claims, property damage subrogation case commenced by Midwest Mutual Insurance Company (Midwest) and its insured, Larry J. Wachter, against West Bend Mutual Insurance Company (West Bend) and Debra L. Nicolazzi. West Bend denied coverage claiming nonpermissive use of the insured motor vehicle. The trial court struck the defense because West Bend had not com plied with the procedures and requirements of sec. 344.15(4) and (5), Stats. (1983-84). Based upon this ruling, the parties stipulated to damages and to comparative negligence. Judgment was entered accordingly. West Bend…