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Conflict of Laws Keyed to Twerski
Haumschild v. Continental Casualty Co.
Citation:
7 Wis. 2d 130, 95 N.W.2d 814Facts
Joan Haumschild (formerly Joan Uihlein) and her husband, both Wisconsin residents, were involved in an automobile accident in California. Joan was injured while riding as a passenger in a car driven by her husband. She brought suit against Continental Casualty Company, the insurer of the vehicle. At the time of the accident, California law prohibited tort actions between spouses based on the doctrine of interspousal immunity, while Wisconsin law permitted such actions. The accident occurred during their honeymoon, and they were married and domiciled in Wisconsin both before and after the accident. The trial court applied California law following the traditional lex loci delicti rule and dismissed the case.
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