Bortz v. Merrimac Mutual Insurance

This matter is before us on an appeal from an order of the circuit court denying a motion to strike defenses and denying an alternative motion for summary judgment. We affirm.

The issues are:

1. Is the appeal of United Benefit Life Insurance Company moot?

2. Does sec. 632.25, Stats., which limits the effect of “conditions” in an employer’s liability policy, apply to “exclusions” from coverage ?

3. Do endorsements subsequent to issuance of a liability policy constitute the issuance of a new policy?

1. Appeal Not Moot As To United Benefit

Norman Wayne Bortz, a minor, and his parents commenced this…