Uninsured Motorist Insurance Coverage

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WI Court of Appeals – District III

Case Name: Timothy Girard v. American Family Mutual Insurance, et al.

Case No.: 2015AP1509

Officials: Kloppenburg, P.J., Higginbotham and Blanchard, JJ.

Focus: Uninsured Motorist Insurance Coverage

This dispute concerns the priority of uninsured motorist coverage provided by two insurance companies, Wadena Insurance Company and American Family Insurance Company. This case arose from an auto accident during which Timothy Girard, an insured of Wadena’s, was driving a vehicle owned by Jonathan Cattau and insured by American Family. An uninsured motorist caused a collision with the vehicle driven by Girard. Cattau was not in the vehicle at the time of the collision. Both insurance policies provide uninsured motorist coverage and include “other insurance” provisions that limit the circumstances under which coverage will be provided. Applying the pertinent terms in the respective “other insurance” provisions to the facts of this case, the circuit court ruled that Wadena and American Family are required to provide pro rata uninsured motorist coverage for Girard’s injuries and other damages caused by the uninsured motorist. Wadena appeals.

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Attorney Derek A. Hawkins is the managing partner at Hawkins Law Offices LLC, where he heads up the firm’s startup law practice. He specializes in business formation, corporate governance, intellectual property protection, private equity and venture capital funding and mergers & acquisitions. Check out the website at www.hawkins-lawoffices.com or contact them at 262-737-8825.