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Insurance — UM coverage — UIM coverage — land motor vehicles

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2013//

Insurance — UM coverage — UIM coverage — land motor vehicles

By: WISCONSIN LAW JOURNAL STAFF//June 26, 2013//

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Wisconsin Court of Appeals

Civil

Insurance — UM coverage — UIM coverage — land motor vehicles

A miniature all-terrain vehicle is a motor vehicle, rather than a toy.

“Acuity is correct in pointing out that the term ‘vehicle’ means a ‘conveyance,’ but is incorrect in arguing that the Meerkat50-4A is not a conveyance merely because it is intended for use by children.  The undisputed facts of record leave no question that the Meerkat50-4A is a conveyance that, at the time of the incident in question, was in fact being used as such.  See RANDOM HOUSE DICTIONARY, supra, 445 (defining ‘convey’ as ‘to carry, bring, or take from one place to another; transport; bear’).  Indeed, Acuity’s appellate position appears at odds with a position it previously took before the circuit court in this case.  In opposing another insurer’s motion for summary judgment, Acuity argued that ‘[b]ased upon Vogt’s testimony, it is undisputed that the [Meerkat50-4A] is a motorized land conveyance designed principally for recreational use off public roads.’  Here, the Meerkat50-4A—whether driven around the yard, to a neighbor’s house, or around the block on the neighborhood sidewalk—was specifically designed to and in fact did operate as a conveyance.”

Reversed and Remanded.

Recommended for publication in the official reports.

2012AP2758 Paskiewicz v. American Family Mutual Ins. Co.

Dist. II, Racine County, Ptacek, J., Gundrum, J.

Attorneys: For Appellant: Schott, Pat J., Brookfield; Barker, April Rockstead, Brookfield; For Respondent: Simpson, Arthur P., Milwaukee; Vaughn, Julie Kathleen, Milwaukee

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