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02-0257-FT Riemer v. Universal Underwriters Insurance Company, et al.

By: dmc-admin//July 30, 2002//

02-0257-FT Riemer v. Universal Underwriters Insurance Company, et al.

By: dmc-admin//July 30, 2002//

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Universal Underwriters Insurance Company appeals an order denying its summary judgment motion and granting Susan and Michael Riemers’ request for declaratory relief. The court granted the Riemers’ motion construing a Universal umbrella policy held by Burnsville Automobile to provide coverage for an automobile accident involving one of Burnsville’s employees. The court determined the umbrella policy covered all excess liability beyond that covered in the underlying garage policy. Consequently, the court denied Universal’s summary judgment motion in which it argued the employee was covered only under the underlying policy and not the umbrella policy because he was not within the scope of his employment at the time of the accident.

Because the umbrella policy covers only Burnsville, its two owners and its employee retirement plan, and because the driver was not within the scope of his employment at the time of the accident, we reverse the trial court’s order.

Not recommended for publication in the official reports.

Dist III, Marathon County, Thums, J., Cane, C.J.

Attorneys:

For Appellant: Stanley J. Lowe, Waukesha

For Respondent: David E. Sundby, Wausau

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