01-1887 Carla Severude v. American Family Mutual Ins. Co.

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“The policy provides coverage for ‘bodily injury to one person in any one occurrence.’… The reasonable interpretation of the word occurrence is that it is refers to the event of injury. See Bankert v. Threshermen’s Mut. Ins. Co., 110 Wis. 2d 469, 481, 329 N.W.2d 150 (1983) (‘It is “occurrences” that are insured against, not negligent acts.’). Here, Alyssa was not injured when Sonya negligently entrusted the car to Andy or even when he drove negligently. Andy’s negligent driving and Sonya’s negligent entrustment may have led to the event, but the event of injury itself did not occur until the car rolled, throwing Alyssa from the car and fatally injuring her. Because there was a single occurrence, there is liability coverage available to pay $100,000 in damages.

“Here, there is only one negligent insured or additional insured: Sonya. Accordingly, Iaquinta and § 632.32(3)(a) do not require that American Family pay twice the bodily injury liability limits.”

Affirmed.

Dist III, Eau Claire County, Gabler, J., Cane, C.J.

Attorneys:

For Appellant: Dennis M. Sullivan, Eau Claire

For Respondent: Terrence M. Gherty, Hudson