02-0980 Anderson v. American Family Mutual Insurance Co.

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“When Mary Anne purchased the vodka for Gregory, Craig was not present. Nothing indicates, and indeed neither Mary Anne nor Gregory suggests, that Craig asked for the liquor, paid for the liquor, or was present for or aware of its purchase.8 Nothing suggests Mary Anne knew Gregory would give the vodka to others. Mary Anne was not present when the alcohol was shared; only Gregory, Craig, and Robert were at the vacation property. Because Mary Anne provided alcohol to Gregory only, Craig was a third party to that transaction, and the alcohol was a substantial factor in Craig’s death, Mary Anne is not immune from suit under Wis. Stat. 125.035(2).

“Gregory provided alcohol directly to Craig. For that reason, Gregory is covered under Wis. Stat. § 125.035(2), which provides immunity when giving alcoholic beverages to another person.”

Finally, the trial court properly ruled that defendant Gregory was not covered under his father’s insurance policy.

“Exclusion 8 is sufficient to preclude coverage for Gregory. It is undisputed that Gregory knew Craig was underage and that Gregory did nothing to prevent Craig from drinking the vodka. Craig’s death resulted solely from the alcohol that Gregory knowingly permitted Craig to drink. Even if we were to conclude that the Andersons’ “other actions or inactions” argument had merit, coverage would still be precluded under exclusion 8. We note additionally that assuming the Andersons are correct that Gregory’s intention was that Craig become inebriated, coverage would also be precluded by exclusion 10.”

The portions of the summary judgment finding Gregory immune under Wis. Stat. § 125.035 and dismissing him and confirming the American Family policy does not cover him are affirmed. The portion of the summary judgment finding Mary Anne immune under the statute is reversed.

Affirmed in part, reversed in part and cause remanded.

Recommended for publication in the official reports.

Dist III, Marinette County, Duket, J., Hoover, P.J.