By: Derek Hawkins//July 27, 2016//
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.