Henderson v. State Farm Mutual Automobile

State Farm Mutual Automobile Insurance Company, defendant-appellant (hereinafter State Farm), appeals from an order denying its motion for summary judgment against the plaintiff-respondent, Ian M. Henderson (hereinafter plaintiff), and American Family Mutual Insurance Company, defendant-respondent (hereinafter American Family). The litigation arises out of a two-car accident that occurred on November 21, 1968, in Dane county, Wisconsin. On April 14, 1970, plaintiff commenced action against State Farm and American Family. Each insurance company answered plaintiff's complaint and cross-complained against each other for contribution, alleging causal negligence of the other's insured. The plaintiff was a passenger in the automobile driven by Penelope Henderson and insured by State Farm, which collided with a car driven by John E. Howe and insured by American Family. Plaintiff and Penelope were residents of Illinois. Although they had never been legally married, the plaintiff and Penelope had been living together as man and wife continuously since 1961, during which time three children were born to them. Plaintiff and Penelope, with their children, lived together in the same home. Penelope used the surname of Henderson during this time rather than her own maiden name.